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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I have taken someone to court and they now have a CCJ

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I have taken someone to court and they now have a CCJ against them but they still refuse to pay me-what else can I do?
JA: Where are you? It matters because laws vary by location.
Customer: I live in Chester and the Debtor lives in Essex
JA: What steps have you taken so far?
Customer: Got a CCJ against him only..
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the amount owed s just under gbp5.000.00

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

As you have the CCJ 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 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 he is 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 his 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 his 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.

6. Apply to wind up their company if they run one and they owe you £750 or more:

https://www.gov.uk/wind-up-a-company-that-owes-you-money

£280 fee and £1600 petition fee is payable

I recommend option 2 which is the transfer to the High Court (very effective in my view).

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

JimLawyer and other Law Specialists are ready to help you
Customer: replied 10 days ago.
Would you still recommend transfer to the High Court if I had already sent bailiffs round but they couldn't recoup anything from the debtor?

The county court bailiffs pretty much knock on the door and go away if you tell them to. High court enforcement officers can clamp and seize cars, gain entry to premises and seize anything of value to sell off at auction - much more effective in my view and for under £100 (which is added to the CCJ amount in any event), well worth the money

Customer: replied 10 days ago.
Is there any way I can find our where he works?

Yes, ask BNH Associates to check (they are a tracing agency run by ex-Police) - http://www.bnhassociates.com

Customer: replied 10 days ago.
Amazing thankyou...