The County Court Judgment and How it is Enforced

In many cases getting a judgment against the defendant will not mean that the debt is paid. Although some defendants will pay up as soon as judgment is entered, others will simply ignore it. If a judgment debtor does not pay the money owed, the claimant will have to decide whether to enforce the judgment.

There are several different methods of enforcement: the best method to choose will depend on the circumstances of each case. Once judgment has been entered the claimant can also be known as the judgment creditor and the defendant as the judgment debtor.

Registration of County Court Judgments

County Court Judgments are entered on the Register of County Court Judgments. If the debt is paid within 28 days of the judgment, the debtor is entitled to have it removed from the Register. In practice, judgments are often not registered until the 28-day period has elapsed.

If the judgment allowed the debt to be paid by monthly instalments it will still be registered but the claimant is not entitled to enforce the judgment unless and until the defendant misses an instalment.

Warrants of Execution

If a judgment creditor issues a warrant of execution the county court bailiff will visit the defendant. The bailiff will either collect the money owed or seize goods which can then be sold to satisfy the judgment debt. County courts cannot enforce judgments in this way if the debt owed is more than £5000 (unless it arises out of Consumer Credit Act agreement). If the debt exceeds £5000 enforcement by warrant has to be via the more complicated and expensive High Court procedure.

The bailiffs cannot seize essential household goods or a defendant’s “tools of trade”. There is no guarantee that any goods seized will sell at a price sufficient to cover the debt.

Attachment of Earnings Orders

An attachment of earnings order instructs a debtor’s employer to deduct a regular amount from his wages to put towards the judgment debt. The court will decide on an amount based on the defendant’s income and reasonable expenditure.

This method cannot be used if the defendant is self-employed, unemployed or if the amount owed is less than £50. An attachment of earnings order cannot be made against someone who is in the armed forces.

Third Party Debt Orders

If the defendant has an entitlement to money which is held by a third party, a judgment creditor can apply to the court for an order that this money is frozen. For example, such an application may be made against the debtor’s bank account. The court will then decide whether the money should be paid to the creditor.

A third party debt order cannot be made in respect of money to which someone other than the debtor has an entitlement – such as a joint account where only one account holder is the judgment debtor.

Charging Orders

If the judgment debtor owns property an application can be made to the court for a charge to be put over it. This can be done whether the defendant owns the property in his sole name or with someone else. The effect of a charge is that the debtor will not be able to sell or re-mortgage the property without paying the judgment creditor.

Once a charge is in place, an application can be made for an order forcing the defendant to sell the property. However, the courts are usually reluctant to make such orders in respect of people’s homes.

Fees

Unless the judgment creditor is on a low income or benefits, fees will have to be paid to enforce the debt. If the method is successful the fee can be added to the judgment debt payable by the defendant. However, if the method is not successful the fee will not be refunded by the court and the creditor may find that they are even more out of pocket than they were at the outset.

Is it Worth Enforcing the Judgment?

Whilst the fees for enforcement can, technically, be recovered from the defendant there is a danger that the creditor will simply be wasting their money. If the defendant has numerous unsatisfied county court judgments registered against him it may be unlikely that he will decide to pay this one. The defendant may be insolvent or simply avoiding his debts.

A search can be made at the Register of Judgments, Orders and Fines to find out whether the defendant has any other outstanding liabilities. The Register can be searched online but a fee of £8 is payable. A creditor does not have to enforce a judgment immediately – in some cases it may be sensible to wait a couple of years in the hope that the defendant will be back on their feet and more likely to pay.