What is a County Court Judgment (CCJ)?
A County Court Judgment (CCJ) is a type of court order issued in England and Wales under the Consumer Credit Act 1974. It is a civil judgment that is used when an individual or business has failed to repay their debts. One of the consequences of having a CCJ issued against you is that it has an adverse effect on a person’s credit report, as the CCJ is entered into the Register of Judgments, Orders and Fines, which is publicly searchable.
CCJs can arise from many types of debt, including overdue bills, unpaid loans or outstanding invoices. Once issued, a CCJ remains on the debtor’s credit agency’s records for six years unless it is marked as satisfied by being paid in full within one month of issue.
If necessary, creditors can also apply to enforce payment of the debt through further action, such as bailiffs and attachment of earnings orders.
Debtors who receive a CCJ should attempt to pay their debt as soon as possible to avoid any additional interest or action against them. However, if a debtor is served with a CCJ and believes they have grounds to contest it, then they can seek legal advice to remove the order.
If you have received a CCJ or are seeking to issue one against a debtor, our commercial debt recovery and dispute resolution teams at AFG Law are available to assist you. Please get in touch with our CCJ solicitors in Manchester today.
Applying for a CCJ
If someone owes you money and refuses to pay, you can begin legal proceedings to obtain a County Court Judgment (CCJ) against them.
Send a Letter Before Action (LBA)
Before starting court proceedings, you must send a Letter Before Action (LBA) or a Pre-Action Protocol letter. This sets out:
- The amount owed
- A deadline for repayment (typically 14 days for businesses or 30 days for individuals)
- A warning that court action will follow if payment is not made
This letter gives the debtor a final chance to resolve the matter and complies with the Pre-Action Protocol for Debt Claims, which recommends allowing at least 30 days for a response.
If the debtor replies positively, you should try to resolve the issue without involving the court. In line with the Overriding Objective under Civil Procedure Rule 1.1, court action should always be a last resort.
Issue a County Court Claim
If there’s no response, or the debt remains unpaid, you can submit a claim via the Money Claim Online (MCOL) service or through the Civil National Business Centre (CNBC). Once issued, the court will serve the claim on the debtor, who then has 14 days to respond.
The debtor may:
- Pay the debt in full
- Acknowledge the claim and request more time
- File a defence if they dispute the claim
- Ignore it, allowing you to request a default CCJ
Enforce the CCJ
If the court grants a CCJ and payment is still not made, you can enforce it using bailiffs, an attachment of an earnings order, a charging order on the property, or a third-party debt order.
In cases involving more significant sums, creditors may escalate enforcement to the High Court, where judgments, orders, and fines can be enforced with greater authority.
Removing and Disputing a CCJ
If a CCJ has been issued against you, it may be possible to have it set aside or removed, depending on the circumstances.
A judgment could be set aside if it was entered in error, for example, if the deadline to file an Acknowledgment of Service or Defence had not yet passed or if the debt was fully repaid before the judgment was made. A CCJ may also be invalid if the claimant fails to follow proper court procedures when obtaining it.
Even when a CCJ is correctly entered, the court has the discretion to set it aside. This often applies where the claim was sent to an old address, and you were unaware of the proceedings or if you can show you have a genuine chance of defending the claim.
To apply, you must act promptly and submit Form N244 with supporting evidence and the required court fee. If successful, the CCJ will be removed, and the case may be dismissed or proceed to a full hearing where you can present your defence.
How can our CCJ Solicitors, Manchester Help?
Our CCJ solicitors in Manchester at AFG Law offer specialist support regarding County Court Judgments, whether assisting in obtaining or challenging them, with teams to assist clients on both sides of the process.
Our debt recovery service team can guide and represent clients seeking to obtain a CCJ against a debtor, helping parties involved navigate the legal procedures and maximise their chances of successful recovery. Conversely, our dispute resolution team specialises in disputing and defending against CCJ claims. They can represent clients who believe a CCJ was wrongly issued or who wish to defend against a claim.
Our law firm offer a range of funding options, including fixed fee services. All costs and fees will be clearly discussed at the outset of your case so you know exactly where you stand from day one. There are no hidden charges, and you’ll be kept fully informed of any costs as your case progresses.
If you are in search of a CCJ solicitor in Manchester to act on your behalf in County Court proceedings, please do not hesitate to get in touch with our dispute resolution team today. For more information on any of our cost effective legal services, phone us at 01204920102 and disputeresolution@afglaw.co.uk.
AFG Law have multiple offices with debt recovery teams in Manchester, including Stockport, Bolton and Bury. We can also assist clients with their debt dispute remotely.
