Obtain a Judgment for Claimant
Obtaining a Judgment for Claimant (in default) [County Court Judgment] is sometimes the easiest part and when granted it is usually payable straight away. The difficulty, thereafter, is recovering the Judgment sum from the Defendant.
A County Court Judgment is valid for 6 years and registered with The Registry Trust. If it is not settled within 30 days, this will be flagged up to a finance company accessing the Defendant’s credit file; if / when they look to raise further credit after the County Court Judgment has been registered against them; e.g. for a Mortgage; Loan; Car Finance; Credit Card, Mobile Contract etc.
On receipt of the County Court Judgment from the court, we will send a 7-day post-judgment letter to the Defendant, requesting payment and / or proposals to pay the Judgment debt. The letter will also state the implications the Defendant will encounter if the judgment debt is not discharged forthwith and / or within 30 days of the date of the judgment.
Post Judgment (in Default) Letter [if required]
UK Debtor – 7 Day Judgment Letter = £75.00 + VAT
Foreign Debtor – 14 Day Judgment Letter = £100.00 + VAT
Obtaining an enforcement after the County Court Judgment has been obtained, depends on the defendant’s circumstances. We will review the various options available to you and we will advise on the most effective and appropriate action to take on a case by case basis i.e., do they own their own property; are there any assets e.g. vehicle with no outstanding finance; are they employed etc. The enforcement options available are as follows: -
The key to maximising your prospects of success is to select an enforcement option that delivers the best results that suits your needs, if appropriate and cost effective. If prudent to do so, you can utilise more than one of the enforcement options referred to above.
| Type of Enforcement | DebtLaw uk Costs (+ VAT) | Court Disbursements (2021) |
|---|---|---|
| High Court Writ of Control (High Court Enforcement – HCE) | £175.00 | £66.00 |
| Warrant of Control (via MCOL or CCBC) | £175.00 | £77.00 |
| Attachment of Earnings Order | £175.00 | £110.00 |
| Order to Obtain Information from a Debtor | £175.00 | £55.00 or £110.00 (if service required by County Court Bailiff) |
| Third Party Debt Order | £750.00 | £110.00 |
| Charging Order | £750.00 | £110.00 |
(please contact our Legal Manager to discuss the enforcement options in more detail on 02920 409672).
If the Defendant settles the County Court Judgment in full within the 30-day period, we will then write to the court advising them of this. The Defendant would then need to write to the court under a separate header requesting the issue of a Certificate of Cancellation and enclose a cheque in the sum of £15.00 made payable to HMCTS. The court will then notify The Registry Trust of this and they will in turn update their records accordingly. The sealed certificate can then be produced by the Defendant if requested by any future lender confirming the County Court Judgment was cancelled.
It should be noted however, that if the Defendant settles the County Court Judgment in full outside the 30-day period, we will again write to the court advising them of this. The Defendant would then need to write to the court under a separate header requesting the issue of a Certificate of Satisfaction, enclosing a cheque in the sum of £15.00 made payable to HMCTS. The sealed certificate can then be produced by the Defendant if requested by any future lender confirming the County Court Judgment was satisfied. In this case, it is likely the Defendant will not receive reduced preferential rate of interest and must pay a higher rate due to the County Court Judgment, despite showing marked as satisfied by The Registry Trust.