CCJ's - are they a waste of time?

**shuttleworth96** · 16th February 2007 18:53

I got a county court icon

Judgement against a former landlord and then a warrant of execution for the bailiff icon

's to visit his property and recover our deposit - with no success. I applied to find out if this guy had any other CCj's against him and discovered he has 8 in total and none of them have been repaid!
Am I wasting my time and money in continuing to try and recover our money?
It seems so unfair that these people carry on getting away with it.

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**MrShed** · 16th February 2007 19:00

In my opinion, the CCJ system is horrendously poor. But away from that...have you considered other methods of enforcement?

**shuttleworth96** · 17th February 2007 11:01

Thanks for your reply. We are thinking that we may take out a Statutory Demand against him and pay for a private Process Server to serve the papers on him. They have a higher success rate than the Court bailiffs icon

apparently. I need to find out if he is a bankrupt or not and am not too sure how to do this.Are we just throwing good money after bad? Any ideas?

**MrShed** · 17th February 2007 11:08

Hmmm that is overcomplicating it. I think you will struggle doing this way.

There are FOUR methods of enforcement available for a CCJ:

- warrant of execution icon

. Sends baliffs to the debtor's home to remove property. As you have already found, this method is useless, as the debtor simply does not open their door, and the baliffs cannot force entry.

- Garnishee order. Instructs a debtor's bank to deduct the amount owed from the debtor's bank account. This will fail if there are insufficient funds.

- Attachment of Earnings. Instructs a debtor's employer to make deductions from his salary/wage to repay the judgement. This does NOT follow from job to job - you would have to reapply should he move job.

- Charging order. Place a charge on any property the debtor owes, preventing him from selling the property prior to the debt being repaid.

IMO, AoEs are the best method of enforcement, provided obviously the debtor has a job. Garnishees also work well - this would depend on you knowing that the tenant is not totally skint. Obviously, charging orders are pretty much useless in a landlord/tenant situation. And Warrants as you have found are pretty much useless in any situation!!

Hope this helps.

**shuttleworth96** · 18th February 2007 18:52

The problem we have is that his house is in his wife's name, as is his business.
He is self-employed and the business and business bank account is also only in her name. He probably has no form of finance etc. in his sole name so he knows he cannot be touched.

Any idea how I can find out if he is bankrupt or not?

**sequenci** · 18th February 2007 20:23

Originally Posted by shuttleworth96

The problem we have is that his house is in his wife's name, as is his business.
He is self-employed and the business and business bank account is also only in her name. He probably has no form of finance etc. in his sole name so he knows he cannot be touched.

Any idea how I can find out if he is bankrupt or not?

your wish is my command!

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