SERVICES FOR
PEOPLE

Learn More

ABOUT
TMJ

Learn More

Text Text

TMJ Legal Services has been helping individuals and businesses for over 30 years. We offer a range of advice and services. Your first appointment is free to help you weigh up your options.

We offer appointments in Hartlepool, Durham, Peterlee, Wingate and Newcastle, and will give you a tailored quotation for the cost of your case wherever we can.

We have many solicitors who are accredited specialists in their area of work, and can also offer representation under Legal Aid.

Browse through our site for information, factsheets and more. 

If you think we can help, please contact us and we will be happy to give you free initial advice.

Download our Terms and Conditions of Business

Feedback from real clients of TMJ Legal Services:

"Friendly welcome and service from your receptionist."     "Very efficient, great communication and very helpful."

"Receptionists were always friendly and courteous. Pauline Hunter was always available to answer my queries."

"Kim's [Johnson] service was excellent. She kept us informed by email and was available by telephone when necessary"

"Catherine [Donworth] made a stressful situation much easier to cope with as she was so pleasant and kept in communication at all times. I would highly recommend TMJ to anyone." 

"Good value, highly competitive rates"

 

 


LATEST NEWS


What enforcement options are available when recovering a County Court Judgment debt?

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;

  1. Are they employed?
  2. Do they own a property?
  3. Do they have dependants?
  4. Do you have their most up to date contact details?

If it is a business;

  1. Are they a limited company?
  2. Are they still trading?

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:

  1. Bailiff – You can ask the court to send the bailiff to try to collect the debt or, if the debt is over £600.00, you can ask the High Court Enforcement Officer to try to collect the debt for you. 
  2. Attachment of earnings – You can ask the court to deduct a regular payment from the debtor’s wages. You must know the name and address of the debtor’s employer.
  3. Third Party Debt Order – You can apply to freeze money held in the debtor’s bank account. You must have knowledge that there are sufficient funds in the debtor’s account to cover the entire debt owed to you. The debtor may apply to the court and claim hardship if by freezing their account they will not be able to pay for accommodation or necessary utilities, food etc.
  4. Charging Order – If the debtor owns a property, you can apply to the court for a charge to be registered against their property. This charge will give you some security. You will then be a secured creditor. Once a charge is registered, you can consider applying to enforce the charge and seek an order of the court to force the sale of the property. If the property was ordered to be sold and there was sufficient equity in the property, your debt would be repaid out of the proceeds of sale.

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


Read More

SITE SEARCH



LATEST TWEET

FOLLOW US




View our accreditations