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County Court Judgement Process – What to Expect & What to Do

Scott Nelson MoneyNerd Janine Marsh MoneyNerd
By
Scott
Scott Nelson MoneyNerd

Scott Nelson

Debt Expert

Scott Nelson is a renowned debt expert who supports people in debt with debt management and debt solution resources.

Learn more about Scott
&
Janine
Janine Marsh MoneyNerd

Janine Marsh

Financial Expert

Janine is a financial expert who supports individuals with debt management, cost-saving resources, and navigating parking tickets.

Learn more about Janine
· Jun 5th, 2024
Could you legally write off some debt? Answer below to get started.

Total amount of debt?

For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

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For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

Are you worried about a County Court Judgement (CCJ) process? Perhaps you’re stressed about a bailiff coming to your home or taking your things.

We understand your concerns and are here to help. Each month, over 170,000 people visit our website for guidance on debt solutions.

In this guide, we’ll answer questions about the CCJ process, such as:

  •  What is a County Court Judgement?
  •  How does the CCJ process work?
  •  Can you get a warning before a CCJ?
  •  How to stop a CCJ from happening?

Citizens Advice estimate households have around £18.9 billion in unpaid bills like council tax and utilities1. So it’s quite common to feel concerned about debt.

We know how it feels and want to help make things easier for you. Let’s find the right solution for your debt worries!

Could you legally write off some debt?

There are several debt solutions in the UK, choosing the right one for you could write off some of your unaffordable debt, but the wrong one may be expensive and drawn out.

Answer below to get started.

How much debt do you have?

This isn’t a full fact find. MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.

What is a County Court Judgement (CCJ)?

A CCJ is a court order in England, Wales and Northern Ireland used to make someone pay a debt. 

It’s part of a legal action in the UK.

If you don’t pay or refuse to pay the money owed, the other person or company (the creditor) could force you to pay by getting a court to issue you with a County Court Judgement (CCJ).

But the claimant must follow a strict County Court Judgement process to make a debtor legally obligated to pay.

How does a County Court Judgement work?

When a County Court Judgment is served, the judge will tell the debtor to pay. It’s part of an enforcement order to get you to pay.

They do so by issuing a:

  1. Judgement forthwith – this is when the debtor must pay the full amount on one payment
  2. Judgement by instalments – this is when the debtor pays off the debt over multiple repayments based on affordability

If you receive a judgment by instalments but believe the repayments are too high, you can request a judge take another look.

This is called a redetermination

You must satisfy the judgment, or the claimant could take further action, which I discuss towards the end of this guide. 

How a debt solution could help

Some debt solutions can:

  1. Stop nasty calls from creditors
  2. Freeze interest and charges
  3. Reduce your monthly payments

A few debt solutions can even result in writing off some of your debt.

Here’s an example:


Situation

Monthly income £2,504
Monthly expenses £2,345
Total debt £32,049

Monthly debt repayments

Before £587
After £158

£429 reduction in monthly payments

If you want to learn what debt solutions are available to you, click the button below to get started.

Get Started

How to respond to a County Court Judgment claim

You can always get help and support responding to a CCJ claim against you by speaking with debt charities or Citizens Advice. 

An adviser has the necessary experience to explain the various court procedures a case entails.

The three possible responses are:

  1. Agree you owe the money and provide the court with your financial situation so they can order you to repay without causing hardship
  1. Filing a defence if you disagree you owe the money
  1. Submit an acknowledgement of service if you wish to fight the claim but need more time to prepare.

» TAKE ACTION NOW: Fill out the short debt form

The importance of legal advice

I suggest you seek legal advice if you’re worried or stressed out about receiving a CCJ claim form.

Plus, an adviser will help you fill out the claim form correctly.

You can contact any not-for-profit organisation for legal advice when dealing with a County Court Judgement claim form.

Do you get a warning before a CCJ is sent?

Yes, before a creditor can attempt to get a CCJ forcing you to pay a debt you will receive prior warnings.

They must send you the following:

If no resolution is found after these communications, the claimant can apply for a CCJ, and you’ll subsequently receive a claim pack from the court

Thousands have already tackled their debt

Every day our partners, The Debt Advice Service, help people find out whether they can lower their repayments and finally tackle or write off some of their debt.

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How to prevent getting a County Court Judgment

You can file a defence against money the court claims, and if successful, you won’t get a County Court Judgement recorded against you.

However, you will get a CCJ if the court finds you are liable for some of the debt but not all of it.

How long do you get to reply?

You have 14 days to reply to a CCJ claim unless you get approved for an extension. If you don’t respond in time or don’t respond at all, the court will issue a default judgment against you.

The default judgement will tell you to pay the full amount owed in one payment or through instalments.

As you haven’t replied to the CCJ claim, the court won’t have information regarding your personal finances and, therefore, may tell you to pay in unaffordable repayments. 

How long does a CCJ take to process?

Once you reply to the CCJ claim form, the court will usually decide within a couple of days to a couple of weeks. 

The timeframe is subject to change and could depend on the complexity of the case

But before it gets to this, there must be 30 days between the creditor sending a letter of claim and a default notice.

Moreover, a CCJ claim might not be initiated until 14 days after the default notice, and you get 14 days to reply to the CCJ claim pack. 

Thus, the CCJ process can take more than two months, including the pre-debt protocol. 

Costs Associated with the CCJ Process

A court fee must be paid when a claim is made. The cost depends on the value of a claim plus interest.

I’ve listed the fees due on known amounts in the table below.

Claim amount Court fees
Up to £300 £35
£300.01 to £500 £50
£500.01 to £1,000 £70
£1,000.01 to £1,500 £80
£1,500.01 to £3,000 £115
£3,000.01 to £5,000 £205
£5,000.01 to £10,000 £455
£10,000.01 to £200,000 5% of claim
More than £200,000 £10,000

What is setting aside a claim?

If the creditor applying for a CCJ didn’t follow the correct process, you can respond to the CCJ claim by asking for it to be set aside, which means having it cancelled.  

But it doesn’t mean the debt is written off.

It just puts everyone back to square one and gives the debtor another chance to deal with it correctly before legal action. 

How to get it set aside

To get a CCJ set aside because the wrong process was followed, you need to reply to the CCJ claim pack by completing and returning N244 Form

You will need a good reason and you’ll have to pay a fee.

On top of the mistake by the claimant during the process, there should be some degree of argument against the debt as well, such as it being the wrong amount. 

There’s a good chance that you’ll need to attend a court hearing to get the CCJ set aside

How much does it affect your credit score?

A CCJ could negatively impact your credit score by as much as 250 points.

That said, a missed payment on a debt or bill could impact your score by 80 points.

But by far, the worse is a default which could impact your credit score by 350 points which in turn negatively impacts your credit report.

How serious is a County Court Judgement?

A County Court Judgement is serious and needs to be dealt with.

The legal ramifications should not be overlooked.

If you don’t pay the debt as expected after the CCJ has been issued, the claimant can go back to the court and request permission to enforce the debt by various means

The court might give the claimant permission to collect the debt by:

  1. Using bailiffs – the bailiff (enforcement officer) will follow a strict process to collect the money owed by coming to the debtor’s home and possibly by seizing their goods to be sold at an auction. Bailiffs charge expensive fees for their work which get added to the total owed.
  1. Attachment of Earnings – this is an order for the debtor’s employer to send some of the debtor’s salary to the court, which will then be passed on to the claimant. It can also be used to take some benefit payments. 
  1. Charging Order – this is a charge placed on property owned by the debtor, which forces them to pay off the debt before being able to sell the property. Sometimes the claimant can even force the sale of the property to collect the money owed. 

Your Rights With Bailiffs

If you’re dealing with bailiffs, it’s crucial to understand your rights. This way, you’ll prevent unfair treatment and other unpleasant situations.

I’ve put together this table that explains what bailiffs can and can’t do. For more information, be sure to read our detailed guide.

Bailiffs Can But They Can’t
Call and visit your home multiple times, any day of the week. Visit your workplace (if you are not self-employed)
Take items from your home. These items have to be considered ‘luxury’. Take essential items from your home. This includes beds, clothing, and work equipment.
Use ANPR technology and DVLA information to locate your car and take it. Enter your home without permission unless they have a warrant to force entry for a CCJ.
Peacefully enter your property. Harass or threaten you.
Issue notices to those who owe a debt. Take items that belong to someone else. However, they may be able to seize jointly owned property.
Offer to conduct a Virtual Controlled Goods Agreement (rather than in-person). This will typically be offered to vulnerable people. Sell goods they have seized at auction until seven clear days have passed.

Our financial expert, Janine Marsh, advises on letting a bailiff into your home: ‘It’s crucial you check who they are before you open your door. Ask for their certificate through the letterbox or a window.’

In a nutshell

The County Court Judgement process can be summarised in the following steps:

  1. Letter of claim
  2. Default notice
  3. CCJ claim pack

Then, depending on how you respond to the CCJ claim, you may or may not be issued a CCJ.

Could you legally write off some debt?

Answer below to get started.

How much debt do you have?

This isn’t a full fact find. MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.

References

  1. Citizens Advice – Debt Statistics and Bailiff Issues
  2. StepChange – Creditor and Debt Collector Conduct
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The authors
Scott Nelson MoneyNerd
Author
Scott Nelson is a renowned debt expert who supports people in debt with debt management and debt solution resources.
Janine Marsh MoneyNerd
Debt Expert
Janine is a financial expert who supports individuals with debt management, cost-saving resources, and navigating parking tickets.