Court action

If a creditor is not willing to accept your offer of payment, they may start court action to recover the debt.

To do this the creditor must first send a default notice, giving you time to pay the arrears. If you cannot pay, the creditor may only then start court action.

If this happens you will receive a claim pack from the court, printed on blue and white paper. A genuine claim pack will also have a court stamp in the top right hand of the front page of the form.

The following documents will be included:

A claim form (N1) telling you how much you owe, who is applying for the judgment and where to return your paperwork
An acknowledgment of service form. You can use this to apply for more time to complete your paperwork
An admission form (N9a). You can use this to show the court how much you can afford to pay
A defence form (N9b). You can use this if you think the amount claimed is incorrect

It is important that you complete and return the correct paperwork before the deadline. If you do not, the court sets the payment at the amount the creditor has requested.

After the deadline, the court sends a letter to tell you how much to pay and when. This letter is called a ‘Judgment for Claimant’ (N24) but is more commonly know as a county court judgment.

FAQs

Can I stop a county court judgment (CCJ) if my job is at risk?

England and Wales > Creditor action > Court action

In some professions, your job may be at risk if you get a county court judgment. If you think this is the case, check your employment contract or speak to your trade union representative.

If a creditor has issued a county court claim and it may threaten your job, you need to act quickly. One option is a legally binding agreement called a tomlin order as an alternative to a CCJ. Some creditors will agree to this.

You should contact us as soon as possible to discuss the options you have in this situation.

Do I have to pay the court costs and solicitors fees shown on a county court claim form?

England and Wales > Creditor action > Court action

Yes. The court costs and solicitors fees shown on a county court claim are added to cover the creditor’s costs in issuing the claim. They are statutory amounts and you cannot get them removed if the judgment goes ahead.

Who can I speak to if I have a complaint about a bailiff?

England and Wales > Creditor action > Court action

If your problem relates to county court bailiffs, you should write to the court involved.

If the bailiff was instructed by your local authority, you could contact them to complain.

Any complaints about private bailiffs should first be addressed to their company.

Most bailiffs are members of a trade organisation, so if your complaint is not resolved you can ask them to investigate. The Enforcement Services Association and Association of Civil Enforcement Agencies both have their own complaints procedures.

Any allegation of violence should be reported to the police as this is a criminal offence.

Can an attachment of earnings take money from my benefits?

England and Wales > Creditor action > Court action

An attachment of earnings arising from a county court judgment cannot deduct money from any benefits or state pension.

If you have a magistrates’ court fine money can be taken from your wages or from benefits.