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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I have some questions for this form. Can you help me please?

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Hello. I have some questions for this form. Can you help me please?
JA: Where are you? It matters because laws vary by location.
Customer: pontefract
JA: What steps have you taken so far?
Customer: i win the court but I didn’t accept their offer
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the only question is if this form go directly to employer

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

So you have a CCJ against that person and they asked to pay by installments? Do you know if they have any assets? How much is owed?

Customer: replied 13 days ago.
7400£

OK, you can apply for an attachment of earnings order if they work but again this only gets your money back in installments. Do you want me to set out the enforcement options?

Customer: replied 13 days ago.
I just want to light me up if this form go through the employer

You do not need to accept their offer of installments 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 bankrupt them if they owe £5K or more :

https://www.gov.uk/apply-to-bankrupt-someone

Petition fee of £990 and court costs of £280 are payable

I tend to favour option 2 and the high court enforcement option - they are very effective at what they do.

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 questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

If you want to use the attachment of earnings against their employer, let me know as I think you want to know about the form?

Customer: replied 13 days ago.
Is the N337 go directly to employer? Can you answer me please

No, you fill it out and send to the court with the fee. The court then makes an order for attachment of earnings. The court then sends that order to the employer. Does this clarify?

Customer: replied 13 days ago.
Thank you for your help you was very helpful

No problem, have a good evening

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