Some people in debt find themselves on the receiving end of a County Court Judgment, also called a CCJ. They’re used in England and Wales. Receiving a CCJ Court Summons/Claim Form can be a scary situation.
If you encounter it, contact the debt experts at Jubilee Debt Management because we offer debt advice to help you handle the situation. No matter how large your debt, we can assist you with managing it by identifying solutions that are suitable for your circumstances.
Please note that the information on this page is for information only and does not constitute legal advice. If you are facing creditor legal action you may wish to take legal advice as well as advice on your debts.
Creditors who are owed money by English and Welsh residents in debt can try to reclaim the funds through County Court. A Court Summons, or County Court Claim Form, is the initial step in this legal process. The form is issued by the Court and explains how much the debtor owes the creditor. A debtor has 14 days to respond after receiving the Claim Form.
To respond appropriately, the debtor must complete a document called an Income and Expenditure Form and make a payment offer. When this response is not provided within a 14-day period, a creditor may ask the Court to issue a Judgment by Default.
The debtor may then be required to repay the total outstanding balance plus additional charges. Contact Jubilee immediately after receiving a Court Summons so we can help you deal with it.
After you complete and submit an Income and Expenditure Form in response to the Court Summons, you should await a Court reply. If your offer of payment is accepted, a County Court Judgment will be issued detailing when and how to submit payments. If you do not reply to the Court Summons or your payment offer is rejected, the CCJ will contain a Court-determined payment amount. This may mean that you will pay more than you can afford.
If the Court-issued payment is unaffordable, you should provide a written notice to the Court within 14 days. In your note, include your case number, a request for revision of payment, and a document outlining current financial standing.
Earnings attachments, bailiff removal of assets from the household, a Third Party Debt Order freezing bank accounts, and a bankruptcy petition are possible consequences of CCJ default.
Each of these can be financially devastating so it is important to adhere to the terms of the CCJ. Even a payment that was initially affordable may become excessive. If you cannot afford to make CCJ payments, request that they be revised. Complete a form N245 and submit it with the fee to the Court. If you are on benefits, you will not need to pay the fee but must submit a completed fee exemption form.
A CCJ issued in England or Wales must be repaid within a month following the judgment date. If it is not, the CCJ will be recorded on The Register of Judgments, Orders and Fines for six years. If the CCJ is repaid it will be noted as satisfied. A CCJ is also recorded on the credit file and if the stipulated amount is not repaid, the CCJ is noted as unsatisfied, which can negatively affect credit rating.