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CCJ Enforcement

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  • CCJ Enforcement

    Hi,

    looking for some advice on how to enforce a CCJ against a LTD company. I have had a CCJ issued against a contractor for ~£1500 last March. The issue is that the LTD company’s registered address is a Registered Office Service and not in fact the physical location of the company - they operate out of a residential address and have no commercial premises. I have had a warrant issued by the County Court but this could not be enforced because of this issue. I also attempted to get a charging order against this residential property asserting that as the individual was the sole director of the LTD company and also the sole owner of this residential property they should be considered the same - but his was discharged by the judge as they should still be considered separate legal entities. I am unsure about what to do next - would an Application for order that officer of the debtor company attend court for questioning be useful as the next step with a view to a third party debt order eventually?

    Or should I check for other unenforced CCJs against the LTD company with a view to demonstrating their solvency with a view to progress to Winding Up Proceedings? Thanks for any help
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  • #2
    You need to identify assets of the company against which you can take enforcement action. You may seek an order under CPR 71 for the directors to be questioned to extract the information you need.

    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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