Notice of Judgment Entered - what happens next?

[Brianp123]

Hello everybody,

I started a claim via MCOL for £400 - I did not hear anything and requested a Judgment by Default.

This has now been confirmed (which is good news!), however I still haven't received any money.

What happens next if the person just ignores the letters from the Court? - it seems that I now need to make another application to the court (with additional cost) but I am wary of just adding more costs without a guarantee of getting my money back.

Any advice or tips would be appreciated.

Eg. I was thinking of writing to the person saying that if they pay within 30 days the CCJ will be removed - would this be a good / bad idea?


Brian

[jaguarsuk]

Hello everybody,

I started a claim via MCOL for £400 - I did not hear anything and requested a Judgment by Default.

This has now been confirmed (which is good news!), however I still haven't received any money.

What happens next if the person just ignores the letters from the Court? - it seems that I now need to make another application to the court (with additional cost) but I am wary of just adding more costs without a guarantee of getting my money back.

Any advice or tips would be appreciated.

Eg. I was thinking of writing to the person saying that if they pay within 30 days the CCJ will be removed - would this be a good / bad idea?


Brian

How much is the judgement?

Is the defendant an individual or company?

Now you have a judgement the court will send the defendant a judgement order either stating they have 14 or 28 days to pay (forthwith).

If the defendant does not pay then you would have to seek enforcement and the cost of that would be added to the judgement owed by the defendant.

Is the defendant is an individual are they employed, own their home or do they potentially have possessions to lose? If they don't than you might be throwing good money after bad.

[Amethyst]

You could write to the person stating that you have a judgment against them and outlining that if it is paid within 28 days the entry will be removed from the register and not appear on their credit file, and if they fail to do so you will consider enforcement options....

are you certain they live at the address you issued the claim to ? ( always be aware they could apply to set aside the judgment if they hadn't received the court claim because it was issued to the wrong place / entity etc )

Additionally they could apply to the court to pay by installments at an affordable amount.

Was the judgment against an individual or a company ? What was it for ?

if it is against an individual you could write something like.................

Dear Defendant

A County Court Judgment has been entered against you.

On xxxxx 2018 we/I obtained a County Court Judgment against you in the sum of £xxxxxxxxxx in the Northampton County Court Business Centre under Claim Number xxxxxxx. I enclose a copy of the Judgment for your reference.

Details of this Judgment will be entered in the public register, the Register of County Court Judgments. The information will then be passed to credit reference agencies which will have an adverse impact on your credit file.

It is not too late to resolve this matter; If you pay in full by xxxxxxxxxxxxxxxx 2018 you can ask the court to cancel the entry on the register. You will need to give the court proof of payment. If you pay in full after xxxxxxxxxxxxxxxxxx 2018 you can ask the court to mark the Judgment entry on the register as 'satisfied' and ( for a fee) for a Certificate of Satisfaction to prove the debt has been paid. It will remain on the Register of Judgments and your credit file for six years.

If you fail to pay the judgment amount before the xxxxxxxxxxxxxxx 2018 I intend on applying to the court to enforce the judgment. This may involve asking you to attend court to provide evidence of your income, enforcement agent visiting you or asking your employer for an attachment of earnings. This will add further costs to the amount owed which will be payable by you.

You can make payment by xxx account details / method address to send payment etc xxxxxxxxxxxxxxxxxxxxxxxxxxx.

I look forward to hearing from you shortly.

Kind regards

xxxxxxxxxxxx

[Brianp123]

Many thanks for your help.

The Judgment is for £400 and the person is a self employed decorator - I have got the correct address.

He claimed not to have received one of my previous letters (although I have proof of postage) although he replied to my 7 day letter. My worry is that he will just ignore everything and deny receiving any letters from either myself or the Court.

I will send a letter as above and se where I go from there!

[jaguarsuk]

Many thanks for your help.

The Judgment is for £400 and the person is a self employed decorator - I have got the correct address.

He claimed not to have received one of my previous letters (although I have proof of postage) although he replied to my 7 day letter. My worry is that he will just ignore everything and deny receiving any letters from either myself or the Court.

I will send a letter as above and se where I go from there!

If he is self employed you cannot attach his earnings and therefore that is out the window.

Send him the letter, get proof of postage and then wait for him to pay. If he doesn't apply for a Warrant of Control (£100 fee) and let the bailiffs do their work.

[Brianp123]

Many thanks for your help.

The Judgment is for £400 and the person is a self employed decorator - I have got the correct address.

He claimed not to have received one of my previous letters (although I have proof of postage) although he replied to my 7 day letter. My worry is that he will just ignore everything and deny receiving any letters from either myself or the Court.

I will send a letter as above and se where I go from there!

Thanks - will do.

Given that I am only owed £400 (which includes the £35 MCOL Fee) I am just not keen to spend more in case I am just throwing good money after bad.

Thanks for your help.

[jaguarsuk]

Thanks - will do.

Given that I am only owed £400 (which includes the £35 MCOL Fee) I am just not keen to spend more in case I am just throwing good money after bad.

Thanks for your help.

I'd imagine his van is worth more than £500 to him as his method of getting to work, so I don't think a bailiff would be on a hiding to nothing.

[Brianp123]

How much is the judgement?

Is the defendant an individual or company?

Now you have a judgement the court will send the defendant a judgement order either stating they have 14 or 28 days to pay (forthwith).

If the defendant does not pay then you would have to seek enforcement and the cost of that would be added to the judgement owed by the defendant.

Is the defendant is an individual are they employed, own their home or do they potentially have possessions to lose? If they don't than you might be throwing good money after bad.

Just an update .....

I sent the above letter on Thursday and yesterday received a cheque in the post - many thanks.

The cheque has been banked and I will wait 5 working days before updating MCOL !