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COUNTY COURT JUDGMENTS


A creditor can take county court enforcement action to recovery money for secured and unsecured debts, regulated by the Consumer Credit Act 1974.

However prior to taking any action a creditor, normally, has too:

* issue a Default Notice.
* send the debtor a "Letter Of Claim".

After the serving of a default notice and subsequent non-compliance, the creditor is entitled to:

* terminate the agreement;
* recover any goods or land that form part of the agreement;
* demand early repayment of all money due under the agreement.

Having informed the debtor in writing that further enforcement action is to take place, should the payment of the debt not occur, the creditor can submit a claim form to the county courts.

The debtor will then receive the following documentation to respond to:

* acknowledgement of service form "N9";
* an admission claim form "N9A";
* a defence and counterclaim form "N9B";
* notes for replying to claim form "N9C".

After the creditor has established that the debt exists or the debtor admits the claim, the county court will make a judgment and order the debtor to:

* pay by monthly installments;
* pay in one installment with a set number of days to pay;
* pay forthwith (staight away and can not normally be paid by the debtor).

Once judgment has been entered it is the responsibility of the creditor to collect payments, not the county court. Should a debtor fail to pay in-accordance with the judgment the creditor can apply for:

* a warrant of execution - a county court bailiff is instructed to take and sell goods;
* a charging order - court order that secures the debt, usually against a debtors interest in a property;
* an attachment of earnings - an order requiring the debtors employer to deduct part of his or her salary and    pay it direct to the court to meet the debt;
* third party debt order - instructs a third party who owes money to the debtor to pay it to the creditor;
* oral examination order - an order to obtain information, from a debtor, by attending court to gather    information needed to enforce a judgment.


You can contact us in complete confidence to see how we can help you, on our national debt advice line:

0800 085 5613