Can a CCJ be enforced after 6 years?
Posted on 25th August 2021 at 16:20
A Count Court Judgement (aka CCJ) is issued by a court and is part of the debt recovery processes and following a successful court action. Any creditor that is unable to recover their debt through amicable means can commence actions through the courts and issue a CCJ following a successful action. Once a CCJ has been issued to a debtor they should not ignore it as apart from its impact on their credit rating enforcement officers (sheriffs or bailiffs) will have the legal ability to attend the debtor’s address to recover the money or sufficient goods to cover the value of the debt and associated costs.
Time limit on a CCJ
If you have a CCJ registered against a company or individual the legal time frame to recover your monies is 6 years. If a successful recovery has not been effected within this period then you will have to go back to the courts to obtain special permissions to continue the enforcement process.
What is the purpose of a CCJ?
CCJs are issued when an individual or business defaults in payments and owe money to a creditor. These debts can include any type of contractual commitment that is enforceable through the civil court system.
Not all debts come under the purview of a CCJ. E.g., recovery of any outstanding council tax debts falls under another category viz. a liability order.
Legal validity of a CCJ
Once a CCJ is issued, it remains on the debtor’s credit record for 6 years from the judgment date. If the debtor settles within 30 days, it is removed. However, if payment is not made within the first 30 days, the CCJ will remain on the debtor’s credit report for 6 years. If it is paid after 30 days, the CCJ will remain on the debtor’s credit history for 6 years but marked as satisfied.
Having a CCJ issued negatively impacts the credit rating of any individual or business. It can make it difficult to obtain a mortgage, loans from a bank and other financial institutions and affect the ability to obtain credit facilities when making purchases. A satisfied CCJ will remain on record but will demonstrate to a potential creditor that the debt has been cleared. An outstanding CCJ can be legally pursued by the appointed enforcement officers or the creditor for 6 years.
Is it possible to get an extension for a CCJ?
If within the 6-year limit, a CCJ is on the verge of expiration without the debt recovered, there is a provision to appeal to the court for an extension. Although, to do this the creditor will have to prove clear and plausible reasons why the debt was not recovered within the 6-year period. The evidence must be convincing to the court to get an extension.
E.g., if the debtor was out of the country, it is possible to apply for an extension. However, if the CCJ was simply not followed up within the stipulated time frame it is unlikely the court will grant an extension.
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