How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 14798
Experience:  Senior Associate Solicitor
97337639
Type Your Bankruptcy Law Question Here...
JimLawyer is online now

I recently won a county court judgement. The amount was 515

This answer was rated:

I recently won a county court judgement. The amount was 515 pounds. I was asking for 2.5k. At the hearing the defendant asked to pay by instalments. I have been waiting on this money for 1.5 years. Can I ask for the money to be paid in one lump sum before the court deadline? How should I enforce the judgement if the deadline is missed? Can I claim any money back used such as court fees to enforce the judgement?A detailed response in logical order is required.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you this evening.

You do not need to accept their offer of installments. Yes, you can claim back court fees and enforcement fees.

You now have a number of ways to enforce, as follows :

1. Apply to court to order they attend a hearing and confirm what they can pay. You do this by filling in and sending form N316 with fee of £55 payable to HMCTS:

(https://www.gov.uk/government/publications/form-n316-application-for-order-that-debtor-attend-court-for-questioning)

2. Instruct court bailiffs to attend and collect. Fill in and send form N323 (https://www.gov.uk/government/publications/form-n323-request-for-warrant-of-control)

A fee of £77 is payable (if you sued online) or £110 (paper method) payable to HMCTS.

Alternatively you can apply to transfer the CCJ to the High Court (if the total amount including interest and court fees amount to £600 or more) so that you can use the high court enforcement officers (who have far greater powers than county court bailiffs including seizure of goods to sell at auction and forcing entry to premises). The following company can do this for you and they add their fee to the CCJ sum: https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/

3. If they are employed, apply for attachment of earnings order :

(https://www.gov.uk/government/publications/form-n337-request-for-attachment-of-earnings-order).

£110 fee payable to HMCTS.

4. Apply to freeze their bank account (if it is in credit) and the court orders the funds to repay the CCJ :

(https://www.gov.uk/government/publications/form-n349-application-for-third-party-debt-order).

£110 fee payable.

5. Apply for a charging order on their property (if they own it) so the money is repaid when the property sells. You can also apply to force a sale :

(https://www.gov.uk/government/publications/form-n379-application-for-charging-order-on-land-cpr-part-73).

£110 fee payable.

If the amount is over £600 in total then I would go with the transfer to the high court.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 1 year ago.
Ok with your answer. The total amount is 515 pounds including court fees. Therefore, which option is best to claim 515 pounds and also claim any enforcement fees. Once you reply I will of course give you 5 stars.

Thanks, ***** ***** use the high court action, only the county court bailiff.

If they are employed then the attachment of earnings order would be a good option but it would mean the money is not paid in a lump sum.

The bank account freeze would be a good idea but for that to work their account needs to be in credit.

The first option of summons to court may be the best option - they have to show their finances to the court.

JimLawyer and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
but how do I claim the enforcement fees back for option 1 or option 2