Money judgment enforcement

Money judgment enforcement

Enforcing Money Judgments (CCJ’s)

How To Enforce A Money Judgment

As High Court Enforcement Officers, Burlington are able enforce judgments issued in England and Wales. We can enforce judgments obtained in the High Court and almost any judgment issued in the County Court (where the amount is over £600.00).

When we attend to enforce a judgment, we attend with a High Court Writ of Control that allows us to seize and remove goods belonging to the debtor if payment of the judgment amount isn’t made.

If you have a judgment from the High Court, we can act to enforce immediately. If your judgment has been awarded in the County Court, we can arrange for the enforcement to be transferred to the High Court. We will transfer the case for free, but when we apply for a writ there is a £66.00 disbursement. This disbursement must be paid once we have the Writ of Control but is recoverable from the debtor upon successful enforcement and is added to the sums payable.

The transfer process usually takes around 10-14 days, but this largely depends upon County Court turnaround times and it may take longer.

Frequently Asked Questions (FAQs)

I want to go ahead and enforce my judgment. What do you need from me?
In order to proceed with enforcement, we will need a copy of the judgment you want us to enforce; your completed instruction form and payment of £90.00 (the Compliance Fee)
What will you do once the Writof Control is obtained?
Once we have received the writ, we will send out the statutoryNotice of Enforcement to the debtor. This allows the debtor 7 clear days, excluding Sundays and Bank Holidays to make payment in full including our Compliance Fee.Once the notice period had elapsed and payment hasn’t been made we will instruct an Enforcement Officer to attend at the debtor’s address.
What will the Enforcement Agent do when at the property?
Once on site, our Enforcement Officer will attempt to obtain payment in full. If the debtor is unable to pay in full, we will attempt to come to a mutually agreeable payment arrangement to clear any balance and seize their goods to be held as security. This is called a Controlled Goods Agreement.
We will generally only remove goods if the Defendant cannot make payment or if the goods we have seized are at risk.
How much will it cost?
Our fees are generally payable by the debtor in accordance with Taking Control of Goods (Fees) Regulations 2014. These regulations allow us to charge our fees in addition to the judgment debt where we are successful.If we are unsuccessful your liability is limited to Compliance Fee and the cost of the Writ of Control, so £156.00.
When do I get my money?
We can pay your money 14 days after it has been received from the debtor. It has to be kept for this period in accordance with the Insolvency Act however we try and pay funds out regularly every month.
What if you only collect half the debt?
If we only collect half the debt we only receive half our enforcement fees. We do try and collect all the sums due.
Can you force you way in to their house?
No we can not, however if the door is open we can enter?
Can you seize the debtors car?
Some vehicles can be seized if they are not on finance ordisability vehicles. Before removing a vehicle we need to be certain it will be financially viable to remove and sell it.
How do I instruct Burlington?
To instruct us, complete our Online Instruction Form or call 020 7118 3100