CCP: action after judgment obtained: debt pursuit action following judgment
You must advise the judgment debtor of the consequences of default if they do not pay according to the court’s order.
Actions following order
The judgment debtor is already in default of the order on judgment
This situation will usually arise when judgment is made with an order for payment forthwith.
When you receive the notice from court that judgment has been entered, contact the judgment debtor, by phone or in person, and tell them:
- what the court has ordered
- of your intention to enforce the judgment
- how you intend to enforce the judgment (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
- that the judgment may have been registered in the Register of Judgments, Orders and Fines (where appropriate, see DMBM666350).
Where you cannot contact the judgment debtor, issue a CCP123.
The order is for payment at a future date and is not yet in default
Where the order is for payment at a future date and is not yet in default:
- contact the judgment debtor by phone or in person
- ensure that they are aware of the terms of the order
- warn of the potential consequences of default.
If you cannot contact the judgment debtor in reasonable time a CCP123 may be issued at management discretion.
It is important that you convey the same message, particularly about enforcement, whether contact is by telephone, in person, or by letter.
B/F to an appropriate date to consider enforcing the judgment debt(This content has been withheld because of exemptions in the Freedom of Information Act 2000)
Where the judgment debtor is a seafarer and is known to be at sea, consider making a telephone call (but only to a mobile phone). You should:
- draw the judgment debtor’s attention to the judgment and warn of the consequences of non-payment in the general terms of the CCP123 mentioned above
- make every effort to obtain payment, as it may prove difficult to enforce the judgment at a later date.
Note: You must not enforce a judgment by warrant of execution or writ of fi fa or apply for a judgment summons while the judgment debtor is at sea. Seafarers’ wages are exempt from third party debt orders and attachment of earnings orders. However other monies owed to the judgment debtor are not exempt and you can apply for third party debt orders against such monies in the normal way. Other enforcement methods can also be used.
Otherwise you should find out when he or she is expected to return from sea and arrange to make a telephone or personal call on that date, on the lines of the above.