Once you have a CCJ Judgment, you may request the debtor to pay in full, or in instalments. If the debtor doesn’t make an offer to pay, you can return to court to enforce the Judgment.
Methods the court can use to enforce Judgments include:
- Attachment of earnings order:
The debtors’ employer takes the money directly from their wages. The employer is forced by law to deduct money from the debtor’s wages and pay it to the company. To request an order the Judgment is transferred to the debtor’s local court. A bailiff will call on the debtor to confirm the details of their employment and income. The debtor still has the opportunity to negotiate directly with you to arrange payment or an instalment plan. If the request is granted, the Court will grant a full Attachment of Earnings Order and set the amount to be deducted from the debtor’s wages each week or month.The cost of applying for a Request for an Attachment of Earnings is £100 and is added to the debt to be collected.ALPH Legal are experts in the process for Requesting an Attachment of Earnings.
- Charging order:
The amount owed is taken from the sale of the debtors’ house. This became a popular way of collecting debts as it basically turns an unsecured debt into a debt secured against the debtors’ property. This can be a lengthy process to either obtain an order or in fact, payment and we therefore do not advise that you undertake these.
- Third party debt order:
Freezes money held in, say, a bank account so it can be used to pay what is owed.
- Warrant of execution:
This results in a court bailiff attempting to seize the debtors’ goods to sell to pay the money. The bailiff does not have the same powers as a High Court Enforcement Officer and this can be a lengthy process for obtaining your money.
- Transfer to High Court:
This results in a High Court Enforcement Officer being employed to collect the money or seizing the debtors’ goods to sell to pay the money. This is the most effective collection method where someone refuses to pay. The Sheriff is a self-employed (as opposed to a Bailiff who is employed by the Court) enforcement officer who is only paid on success so armed with a High Court Judgment and the law on their side the debt tends to be collected.This is not available on a Consumer Credit debt Judgment.
- Order to obtain information:
This is an interview to discover information about the debtors’ financial situation – it is part of the Judgment enforcement process. However, these tend to be rarely used, and unlikely to be used for small debts.
ALPH Attachment of Earnings service
At ALPH we specialise in dealing with Requests for Attachment of Earnings Orders. These are obtained after the Judgment has been issued.
- The Judgment will state when the Judgment amount has to be paid by, after this date a transfer request is made to the Defendant’s home court.
- Apply to transfer file
- Request a writ of fieri facias £100 fee
- File sent to High Court Enforcement Officer for enforcement
We charge an administration fee of £35 (plus Vat if applicable) to Request the Attachment of Earnings and guide you through the process. There is an additional court fee of £100 to pay which is added to the value of the Judgment to be collected.
Once the Order has been requested, the local county court will serve papers on the debtor and on the debtor’s employer. The debtor’s employer has to provide payroll information on the debtor. The debtor can request that the Court make a Suspended Order and they will pay their debt direct. If no Suspended Order is made and the Order is successful, then a Full Attachment of Earnings will be made and the employer will have to pay the sum determined to the Court’s Centralised Payment Service. We will then forward the same on to yourself.