How Long After A CCJ Do Bailiffs Come (And Why)?

Exact Answer: 12 Months

Country Court Judgement or CCJ can be issued only in England and Wales. It is only after a person takes a loan, that his or her creditor can apply for a CCJ. Banks or creditors do proper checking before giving a person any kind of loan. But there arises a few cases where the debtor is declared bankrupt and cannot pay the creditor in any kind.

These types of situations make the creditors suffer losses. To avoid it, the creditors can issue a CCJ after 6 years from the debt. If the debtor ignores that claim, then the creditor, with the permission of the court, can apply for a bailiff within 12 months after the CCJ is issued.

How Long After A CCJ Do Bailiffs Come?

TypeTime
No CCJ IssuedBailiff Cannot Be Issued
CCJ Issued12 Months

As mentioned above, CCJ can only be after 6 years in case of long debts. If the debtor pays back the money, then the question of CCJ and bailiff do not come. But before issuing a CCJ, the creditor should first give some kind of warning to the debtor about paying back the debt. All of a sudden the CCJ cannot be issued, unless the court permits it.

A bailiff, in bookish terms, means an officer of the law, whose duty is to make sure that whatever order given by the court is carried out properly. To get a bailiff action, the creditor first needs to apply to the court and take its permission. Just like the CCJ, it also has a timespan before it can be applied. The time for applying for a bailiff action is 12 months after the CCJ has been issued.

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The 12 months timespan is only valid for those debtors who are not ignorant of the CCJ issued against them. Otherwise, if a debtor is ignorant towards the Country Court Judgement, the creditor can apply for the bailiff before the designated time. The duty of a bailiff strictly abides by the law. Any action taken by the bailiff will first need to be confirmed by the court.

The debtor is given time for a month to reply to the CCJ and look for legal advisers. Following the procedure will make the creditor and the court not take any harsh actions and the debtor will have time to cover for the money he or she owed to the creditor in the first place.

Why Does It Take Long To Apply For A Bailiff After A CCJ?

After checking all the details, the court will grant a Warrant of Execution, in response to the creditor applying for a bailiff. As a bailiff is an officer of the law, it will do as told and visit the home and business place of the debtor. With legal power in his grasp, the bailiff will collect money from the mentioned places and seize any kind of tangible assets and goods which can be sold to repay the debt.

When facing a crisis of this level, the debtor can apply to the court for suspension of the warrant. This can only be done if the debtor agrees to pay back the debt at an affordable rate. Applying for anything to the court can take time and CCJ and bailiffs are no different. The court will ask for all kinds of documents for verification and after it is satisfied, then only it will take action.

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It does not necessarily take long to apply for a bailiff after a CCJ. It all depends on the attitude of the debtor. Ignorance can accelerate the bailiff process. A bailiff is a method to enforce a debt by the creditor. Bailiff also sends a letter of warning to the debtor before visiting their house or business place.

Conclusion

Abiding by the law is the most and foremost thing for a person. He or she can be a creditor or a debtor or a normal person. Rules and regulations are the same for every person. When a creditor has issued a CCJ and the debtor is ignorant about it, he or she can take legal actions. The actions not only include bailiffs but other procedures can be followed.

Charging Order and Attach of Earnings Order are among the other actions which the creditor can apply to the court, against the debtor. All these situations can be avoided if the debts are paid in time without any kind of delay.

References

  1. https://www.vestnik-mgou.ru/Issue/IssueFile/534#page=107
  2. https://search.proquest.com/openview/d0f9b44dc419ccd14bbd890dc66173cf/1?pq-origsite=gscholar&cbl=2032112