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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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We have a CCJ against a builder for non payment of an

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We have a CCJ against a builder for non payment of an outstanding invoice for £1,720 from 7.3.18, this then stood at £1,955 with court fees and interest. There has been no response from the Defendant. How do we go about recovering, is it worth it?
JA: Where are you? It matters because laws vary by location.
Customer: London NW10
JA: What steps have you taken so far?
Customer: None beyond the CCJ
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I'm good thanks

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

Yes, it is worth it and 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 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 would go with option 2 above given the circumstances.

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 8 days ago.
Thanks Jim, just what I needed

Great, happy to have helped. When you have time if you could leave a rating and click “submit”, I would be very grateful.

Have a good day,

Jim

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