CCP: action after judgment obtained: payment following judgment
Payment following judgment
Note: Remember that following the entry of judgment, that the fees and costs are now part and parcel of the judgment debt and should be satisfied first out of any payment received.
Payment in full of debt, fees and costs
The issue of the notice of judgment may prompt the judgment debtor to pay. Where the full amount of the judgment debt is paid, follow the guidance at DMBM665660.
Part payment received
Where the judgment debtor makes payment, but leaves a balance of the judgment debt outstanding, you should:
- satisfy the court fees and then the court costs first
- note the payment on the computer records and the case papers
- review the interest position and take further action as appropriate
- make an application for payment of the balance(This content has been withheld because of exemptions in the Freedom of Information Act 2000)
- consider enforcing the judgment as necessary(This content has been withheld because of exemptions in the Freedom of Information Act 2000) .
Payment made to the court
The notice of judgment tells judgment debtors to make payment to the judgment creditor, not to the court. Nevertheless the court will use discretion and common sense when considering whether to accept misdirected payments or return them to the judgment debtor.
Requests to set aside judgment following payment
Following payment of a judgment debt, the judgment debtor may seek your consent to have the judgment set aside in order to repair their credit rating. Such a request should be politely, but firmly, refused. You should say that you have no objection to the Register entry being marked satisfied (DMBM666360).
If the judgment debtor makes an application for judgment to be set aside on the grounds that the debt is paid, you should advise the judgment debtor that you will oppose his or her application at the hearing. You should send a copy of your response to the court.