Saturday, 25 February 2012

Information About County Court Judgements (CCJ)

By Mark Clarkson


County court judgements can be made against you if it has been found by the legal system you have not fulfilled your end of an agreement. The agreement may be oral or written, and with an individual or a business. If found at fault, then the court shall make an order for you to pay back the complaining party in payments, taking into account your financial ability.

Civil action can be taken against you by an individual or a company. If you are found in default of a contract or verbal payment agreement, you can be held liable. Action can be taken against you even if a payment arrangement has been worked out between two parties.

Full attention should always be given to paperwork that comes to anyone from a legal source. In order for you to be made aware of a complaint against you, a summons will be served to you. If you do not appear at the time and date on your summons, a judgment will be entered against you.

If you do not believe that you owe any money to the party who has filed a complaint against you, it is your responsibility to have all the proof necessary to make your case on the day and time of the summons. It is also very important to have all legal paperwork filled out.

If a judgement is entered against you and orders you to pay a certain amount per month, you will pay the person or business directly. If it is found to be easier by the person or business they may have it set up for you to pay a solicitor. Either way you will be making the payments that have been ordered.

If it comes to the unfortunate point that it proves impossible for you to make the required payments. There are a couple of options available. You can in some places go on the internet and get a form called Application to Vary an Order. This would allow a decrease in payment so it is more affordable. In the event that is impossible to make any payments at all due to a drastic change in finances there is a form called Application Notice. If filed and accepted, the judgement would be set aside. In the event they do not allow access to these forms from the internet they can be obtained where the judgement was made.

County court judgements will show up on your credit for 6 years. If you do not pay your judgement, a garnishment of wages can be ordered, a Charging Order can be issued which makes an unsecured debt into a secured debt and if the judgement is not paid the court can force the sale of your home. If you clear the judgment up before 6 years you can have it removed from your credit.




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