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Once you have obtained a County Court Judgment against a person/business that owes you money, you can usually then take enforcement action against the debtor in a bid to try to recover the sums owed to you.
One of the first things to consider is the debtor profile;
If it is a business;
You are trying to establish whether the debtor has the financial means to repay the debt. If the debtor is unemployed and in shared or rented accommodation with a young family or other dependants, it is possible that they may not be in a financial position to repay the sums owed.
You must consider the costs versus benefits of enforcing the County Court Judgment. If it will cost you more money than you are likely to recover, you may decide to wait and review the debtor’s financial circumstances at a later date.
Under section 24 (1) of the Limitation Act 1980 (1980 Act), "an action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable”, therefore a creditor ordinarily has a maximum of six years to recover the debt from a debtor.
Once you have assessed the debtor’s financial profile, one or more of the following enforcement options may be suitable for you:
There may be other options available to you such as bankruptcy/insolvency proceedings. These options can often be complex and you should seek independent legal advice before going down this route.
All enforcement options attract a fee, payable to the court. Fees are usually added to the outstanding debt and recovered from the debtor with the Judgment amount. A list of current court fees can be found at EX50 - Civil and Family Court fees (publishing.service.gov.uk)
This article is intended for general information purposes only and should not be relied upon in place of specific legal advice. If you have a debt recovery related query then please do not hesitate to contact our litigation team for advice and assistance.
News article by Kat Moody