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Even if you win a small claim court and opposite party has got a CCJ it doesn’t mean that you got money automatically. There is a probability that defendant or claimant has no money to pay a debt.

Of course, risk to screw up a credit score is the strong motive to pay a claim amount but in case of individuals, not the companies.

Technically, before starting a money claim it is better to check credibility of opposite side.

How to check solvency of company or individual?

There is a Government agency Insolvency Service which let you get information about bankruptcy or company’s or partnership’s solvency.

How to get info about business debt and bankruptcy:

Individuals insolvency could be checked in Individual Insolvency Register by name of person or trading name .

If CCJ has been entered and defendant hasn’t made a payment, then claimant may apply to enforce the judgement. Even if you apply for enforcing judgment court wouldn’t give a guarantee of getting money back.

As each court application and request is cost money, you should consider whether defendant is bankrupt, has another CCJ, own property or other assets.

Bailiff fees and enforcement judgment fees are not recoverable in small claim track. In other court tracks theses court fee would be added to the debt and collected.

As well, claimant has a option to ask court to issue order for oral examination of defendant with purpose of getting details of bank accounts, property, assets and other financial information.

There are three type of the judgement enforcement:

  • a warrant control
  • an attachment of earnings order;
  • a third-party debt order
  • a charging order

Warrant control give the enforcement agents a authority to collect debts by allowed way, such as collecting money or take a goods to sell at auction.

Claimant could ask County Court to issue warrant control order if a debt no less then £600 and no more then £5,000.

Attachment of earnings order is the instruction for debtor’s employer. Employer has to take some amount from the debtor’s daily earnings and send it to the collectors office. Attachment of earnings order could be applied to the person who is employed. This type of order is not applicable for self-employed and unemployed person.

Third-party debt order let freeze the debtor’s bank account and bank will paid to the claimant from the defendant’s account.

Charging order prevents debtors to sell his goods, property or other assets without paying his debt by CCJ. But claimant will give his money back just when debtors sell an assets and get money for selling.

It is up to a claimant to choose what type of order apply for.

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