29 January 2018
What To Do If A CCJ Is Entered Against You
Sometimes the first you know that someone has issued court proceedings against you is when you become aware of a county court judgment (CCJ). Often, it’s when you apply for credit, or when the bailiff knocks on the door. How should you respond?
Sometimes the CCJ will reach you even though the proceedings somehow didn’t. The CCJ will have been entered because there was no response to the proceedings. Usually this is because the proceedings were sent to the wrong address. I have had more than one client recently with proceedings sent to their old business address or a house they used to live in. One was even sent to their parents’ house!
If you receive a CCJ, the first thing to do is to check whether it has been registered. If the CCJ was entered less than 30 days before, it should not yet be registered. If you pay the judgment debt within 30 days it will not be registered at all. Click here to check the official register of judgments.
Next you need to decide if you want to challenge the CCJ. There are two grounds for this. Firstly, if you did not receive the court proceedings because they were sent to the wrong address. Secondly, if you have a good defence to the claim, or if it was issued against you by mistake. I have seen claims issued against people simply because they had similar names to the proper Defendant. The claims were nothing to do with them, and the Claimants had sued the wrong people.
In either case, you need to make an application to the court (called an application to set aside judgment). Some people decide to clear the judgment debt to avoid having it registered, and then decide afterwards whether to apply to have the CCJ set aside.
Finally, you should consider if you need to stop the CCJ being enforced against you. If the bailiff is chasing you for payment, then you can apply to the court for a ‘stay of execution’ of the CCJ, for instance because you are applying to set aside the judgment.
It is vital to act quickly after becoming aware of the CCJ: if you delay making an application, the court might not be willing to set it aside.
Notes
For more information about debt recovery, click here