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County Court Judgments
If you are owed money a County Court Judgment can be a useful way to try and recover it. First, you will need the debtor’s current address. At FinderMonkey we obtain the debtor’s new address via our debtor tracing service, but what do you do once you have the persons address if they will not pay the money they owe you?
The simplest solution is to try and obtain a CCJ or County Court Judgment against the person in question. Here we provide details on County Court Judgments and also some further reading from one of our customers and their experiences of CCJ’S.
What is a County Court Judgment?
Firstly CCJ stands for County Court Judgment. CCJ’s are rulings issued by a County Court or higher court and relate to bad debt. The judgment against the individual is recorded and will show up during credit checks. This could stop them from obtaining further credit such as a mortgage or loan. The judgment is one of the latter stages of the process, the threat of the County Court Judgment is sometimes enough to extract payment from the debtor. If you do not have a current residential address for your debtor please try our debtor tracing search.
If someone owes you money you can claim against the person with a view that they then pay the outstanding amount back to you. When you are successful in your claim, the debtor has one month to pay the outstanding amount back to you. If they don’t pay the judgment is recorded on the person’s credit file. This will show up to any other companies who consider offering the person credit can see that they have not paid a specific amount back.
On the other hand, if you haven’t traced the person who owes you money to their new address and made sure they have the means of paying you back you might benefit from our Debtors Tracing Service which is the most detailed on the market.
Who can apply for a CCJ?
Anyone can try and obtain a County Court Judgment against someone who owes them money. It is a relatively cheap and cost-effective way to get your money back. Although serial debtors can have several CCJ’s on their credit file. It is worth performing a CCJ check against somebody you are considering entering a financial agreement with and as long as you obtain that persons permission their credit file can be scrutinised to see if they have any existing CCJ’s. You can perform a CCJ Check Search with FinderMonkey.co.uk.
However, a landlord may use this CCJ information to determine if a potential tenant is creditworthy or company may wish to see if someone is creditworthy before offering them credit terms. You can perform Company CCJ checks, meaning a CCJ can be issued against a company.
Issuing a Claim
To issue a claim against someone you need to have their current address, for a landlord this can be a frustrating process but it is worth conducting a Tenant Trace search. Once you have a current address you can obtain the relevant forms online, simply fill them in and send to the relevant court. You also have a legal right to claim interest on the outstanding monies owed and you can claim this on top of the outstanding amount.
Once you have sent the form off with the required fee. Within 3-6 weeks you will receive a form from the court. On the form, it will give you a date which the debtor was sent a copy of the claim form. If the debtor has not paid you directly within fourteen days from the date the copy was posted to, and received by, the defendant – you can ask the court to give you a ‘Judgment’
A ‘Judgment’ means that you have validated the debt you are owed. A Judgment in its self is not something that will recover your debt. What you hope to achieve when you issue a claim is for the defendant to admit to themselves that the debt is due. Then send you the full payment before attending court: you then discontinue your claim.
Enforcement of a CCJ
When the form is completed, enforcement is applied for through the court. Then payment of the fee is required. Moreover, the fee and form are sent to the court with a copy of the Judgment.
Additionally, there are several ways of enforcing a judgment against a debtor. These include using bailiffs or an attachment of earning. You can even a third party debt order, this means that the court can extract money from the debtor’s bank account.
If you have a CCJ against a person but no residential address. You can use our debtor trace service to reconnect with any debtors you may have. County Court Judgments are a good way of trying to get your money back from the person who has let you down.
Finally, we understand our customers have mixed feelings regarding CCJ’S and it is certainly not a straightforward process. Good Luck regarding your County Court Judgment and if you need some help please contact us on 0113 282 5900