How to Issue a County Court Order

You will have to pay court fees if you ask the court to collect the payment. This will show the court how much money you have to pay off the debt. If you have not responded to the notice of default or have not been able to reach an agreement, the creditor will issue a CCJ claim form. In either case, you can ask the court to reconsider whether the refunds are higher than you can reasonably afford. This is called redefinition. You can ask the court to send bailiffs to recover the money. This is called a “control-command”. The court will set aside a judgment if it was: you cannot enforce a judgment if you are told that the person who owes you money has a “respite” and is temporarily protected from their creditors. Learn about your responsibilities and what to say in court during a “respite.” If you receive letters or notifications and don`t know how to deal with them, get advice right away. This allows you to process the claim properly so that the court can consider your situation when deciding how to repay the debt.

If you continue to talk to your creditor and the court, you should be able to reach an agreement that allows you to continue making payments that you can afford and to act in court. You can then decide if you want the court to take further steps to collect your payment. If the money is owed by a company, you can ask an officer of the company to appear in court and provide details about their accounts. Before a creditor can sue, they must first try to reach an agreement with you. This is called the pre-action protocol for claims. Once the court has reviewed all the documents, it can issue the following: Tell the enforcement agent that you are the judgment creditor (the plaintiff in the lawsuit who made money, or the defendant who passed a counterclaim and made money) and that you want the official to seek enforcement from the court. Enforcement is a court order that allows the enforcement agent to take money or property from the court debtor to get your sentence paid. Before the enforcement agent applies to the court for enforcement, the enforcement agent must know what assets the court debtor owns and where to find them.

You must provide this information to the law enforcement officer. Ask the court to order the debtor to appear in court to provide proof of his income or expenses, of. B electronic invoices and bank statements. The court will not collect the money for you. But the court will issue orders and other documents you may need to collect your judgment from the debtor (the party who owes you money). Keep in mind that not all judgments are recoverable, as the debtor may not have income or valuable property. The court will do this by sending an order to the debtor`s employer. Download and complete an N349 Third Party Debt Order Request Form. Enforcement issued by a municipal court can only be brought against the personal property of the debtor of the judgment, i.e. used for seizure (UCCA Section 1504). The enforcement agent of the city court is the county sheriff (UCCA Section 105[b]). If you do not receive a response to the subpoena, you can initiate contempt proceedings against the person who did not respond to the subpoena.

A creditor may initiate contempt proceedings by submitting proof of service to the court (para. B saved inbox) of the assignment. The court will then set a date by which the other party can submit the subpoena to the court or appear in court to explain why the information was not provided. If that party does not appear on the scheduled date, the court will issue an order of contempt and the person will disobey the court until they provide the requested information. You can ask the court to suspend the warrant and repay the money at an affordable price. Get help from a free debt advisor to do this. The court will decide whether the money in the account can be used to settle debts. If you pay a CCJ in full within 30 days of receiving the judgment, you can ask the court to have it withdrawn; otherwise, it shall remain in the register for six years. A creditor may apply to the district court for a bailiff to recover the claim.

If the court grants the authorization, it will issue a review order. You can ask the court to freeze the money in the debtor`s bank, construction company or business account. This is called a “third-party debt order.” The enforcement agent shall submit a satisfied enforcement to the registry of the small claims court where enforcement was issued. The enforcement agent also sends a copy to the debtor who pronounces the sentence. CCJs are declared satisfied or dissatisfied in the Register of Judgments, Orders and Fines (maintained by Registry Trust Ltd). “Satisfied” means that you have paid in full (partial invoices are not currently registered), “dissatisfied” means that you have not done so. You can ask the court to correct this if it is false. You should have already received an application form that gives you several ways to reach an agreement, and you had to respond within 30 days before your creditor could issue a notice of default before starting a CCJ claim.

If you don`t respond to the lawsuit and the court can`t consider your situation, it will still make a judgment against you. The satisfied judgment remains in the register for the six years provided for by law from the date of the judgment, but shows that your debt has been paid in full and the date on which it was paid, and credit reference agencies are advised to remove it from their records. If you need a certificate that your file has been paid, you can apply to the competent court for a “certificate of satisfaction”. There is a court fee of £14 for the certificate. If you find that you are having trouble making your repayments, talk to a free debt advisor to get to a point where the court is involved. If you receive a CCJ and you do not comply with the conditions set out in it, the creditor can ask the court to settle the debt. If you have paid the CCJ in full more than one calendar month after the date of the judgment, you can request that it be proved that it is satisfied by providing proof of payment to the court. .

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