What is a CCJ?

Short answer

A CCJ is a county court judgment: a decision of the court that a defendant owes a sum of money. On GOV.UK's account, a judgment is issued when someone takes court action because money is owed and the defendant does not respond by the deadline on the court letter or email, and the court "has formally decided that you owe the money". GOV.UK adds the warning that matters most: "If you get a judgment, do not ignore it: you could be taken back to court and forced to pay."

The law

A judgment for money can arise in three ways.

The first is default judgment. CPR 12.1 defines it as judgment without trial where a defendant has failed to file an acknowledgment of service or a defence. Under CPR 12.3 the claimant may obtain it where the defendant has filed neither in time, or has acknowledged service but filed no defence in time. The same rule bars it where the whole claim has been satisfied, or where the defendant has admitted liability and asked for time to pay. CPR 12.2 excludes some claims altogether, including claims for delivery of goods let under an agreement regulated by the Consumer Credit Act 1974 and claims under Part 8. Judgment is usually obtained by filing a request on a practice form under CPR 12.4, though CPR 12.11 requires an application where the defendant is a child or a protected party.

The second is admission. Under CPR 14.2(1) and (2) a defendant may admit the whole or any part of another party's claim or case by giving notice in writing. Where the admission is of a specified sum, CPR 14.2(4) and (5) allow the claimant to file a request for judgment, and CPR 14.4(1) provides that the court gives the judgment the applicant is entitled to on the admission. A defendant who admits the debt but cannot pay at once requests time to pay under CPR 14.6, stating the date of payment or the times and rate of instalments and supplying a statement of income, outgoings, assets and liabilities. Either party may ask a judge to reconsider the rate set within 14 days (CPR 14.6(5) and (6)).

The third is a decision at a hearing. CPR 12.1 describes the default route as judgment "without trial", so where a defence is filed the claim is tried.

A judgment is then entered in the Register of Judgments, Orders and Fines, kept under the Register of Judgments, Orders and Fines Regulations 2005 (SI 2005/3595). Regulation 8 covers registration, regulation 11 the cancellation or endorsement of entries relating to judgments of the High Court or a county court, and regulation 26 the removal of entries. GOV.UK states the practical effect: "Records of judgments are kept for 6 years unless you pay the full amount within a month." The register is public and credit reference agencies use it, so the entry affects a defendant's ability to borrow while it stands.

A defendant who says the judgment should not have been entered applies to set it aside. CPR 13.2 requires the court to set aside a judgment entered under Part 12 if it was wrongly entered, including where the whole of the claim was satisfied before judgment. CPR 13.3(1) gives the court a discretion to set aside or vary where the defendant has a real prospect of successfully defending the claim, or where there is some other good reason. CPR 13.3(2) requires the court to have regard to whether the application was made promptly, and CPR 13.4 requires evidence in support. Under CPR 70.6, if a judgment is set aside, any enforcement of it ceases to have effect unless the court orders otherwise.

The costs

A judgment is not self-executing. GOV.UK states that "You must pay a court fee when you ask the court to collect the payment": a warrant of control in the County Court costs £96, and sealing a writ of control in the High Court costs £82. Enforcement agents then charge their own fixed fees under the Taking Control of Goods (Fees) Regulations 2014. Interest on a judgment debt runs at 8% under section 17 of the Judgments Act 1838, and a County Court judgment carries interest only where it is for £5,000 or more. The fee calculator applies the current figures; enforcement fees explains the stages.

What happens next

For a defendant, time matters. Paying the full amount within one month removes the entry from the register; paying later leaves it in place for six years. If the amount is right but the instalments are not affordable, the route is a request for time to pay under CPR 14.6. If the money is not owed, or the claim was never received, the route is an application to set the judgment aside under CPR 13.3, made promptly and supported by evidence. Debtor rights sets out what an enforcement agent may and may not do once a writ or warrant issues.

For a creditor, CPR 70.2(2) is the governing rule: a judgment creditor may "use any method of enforcement which is available" and "use more than one method of enforcement, either at the same time or one after another". Enforcing a CCJ covers the sequence, enforcement orders explained covers each method and who grants it, and which enforcement method narrows the choice. A judgment of £600 or more can be transferred to the High Court for enforcement against goods under CPR 83.19: see transferring to the High Court.

Where to get help

Free, independent debt advice is available from National Debtline on 0808 808 4000 and from Citizens Advice, both of which can help with a time to pay request. Complaints about the conduct of an enforcement agent go to the agent's firm and then to the Enforcement Conduct Board. An application to set a judgment aside turns on the evidence and on the reason for any delay, so a solicitor is worth the cost where the sum is substantial.