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MathewLisett

9 yr old ccj needs reinstatement

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how do i apply the county court to request a reinstatement of the 2007 ccj. Or is there a specific form to request this or extension.

 

google doesnt seem to come up with anything.

 

i was the claimant and was unable to enforce the ccj becuase when i had won the ccj the defendant moved and i hadnt been able to locate him until now. so i need to know what form i need to fill in in the hopes the court will brign it back to life and allow the high court writ to happen

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You won't exactly need to reinstate the judgement, but you will need to get permission to enforce it. You will need a form N446 available from the County Court's website

 

This article may be of interest to you - http://www.sleeblackwell.co.uk/blogs/enforcing-court-judgment-debt.html

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thanks

 

would i be correct in think i need to place the claim number on the judgement summons and tick the boxScreenshot_128.jpg

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You won't exactly need to reinstate the judgement, but you will need to get permission to enforce it. You will need a form N446 available from the County Court's website

 

This article may be of interest to you - http://www.sleeblackwell.co.uk/blogs/enforcing-court-judgment-debt.html

 

Before you can do that the OP will probably need to make an application using form N244 for permission.

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Screenshot_128.jpg

 

do i add the case number next to the judgement summons?

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As advised you will need to make application (n244 with hearing £255 fee) to request permission to enforce a judgment after 6 years.

 

Dont just submit the N446.

 

Andy


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oh so i need to wait for a court reply before sending in the other form then.

 

whilst i do that can you please confirm if i was correct with the claim number next to the judgement summons

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Time Limits for enforcement of judgments

 

21. Section 24(1) of the Limitation Act provides that an “action” shall not be brought on anyjudgment more than 6 years after the date on which the judgment became enforceable.

This section applies only to a judgment obtained in England or Wales, but the limitation period in relation to a foreign judgment is also 6 years on the basis that such an action

is a simple contract debt.

 

22. While the term action is defined as including any proceedings in a court of law, it should be noted that s.24 is not concerned with procedures to enforce judgments already

obtained but only with substantive rights to bring an action on a judgment.

 

23. It is not an abuse of process for a judgment creditor under an existing judgment to pursue a second action within six years based on that judgment in order to protect its position

on the enforcement of its rights for the recovery of a debt. Judgment in the second action will start time running again.

 

24. While there is no statutory time limit for enforcement of a judgment other than by action, writs of execution can only be issued with the court’s permission if more than 6 years have elapsed since judgment. Permission will only be granted in exceptional cases.


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thanks but cant i have my question answered please

 

and i couldnt action my ccj because the chap had moved moments before the ccj was awarded and its only now that i have found his address.

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That would form part of your reasons in the application.

 

There will a Court hearing and the other side may contest it and there's no guarantee you'll win.

 

There's also the possibility of a costs order being made against you if you lose, and even if you win.

 

[ATTACH=CONFIG]66984[/ATTACH]

 

do i add the case number next to the judgement summons?

 

Ignore this for now, you need to do the application first.

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just so you know i was able to get a refreshed court order for the 2007 judgment :)

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