County Court Judgment Solicitors
A CCJ entered without your knowledge — or for a debt you dispute — is not final. A solicitor can have it set aside, and the debt litigated on its merits.
A county court judgment is entered when a creditor issues a county court claim and the defendant does not respond within 14 days — or when the defendant responds but the court finds in the creditor's favour. A default CCJ (entered without a defended hearing) can be set aside where the defendant has a real prospect of successfully defending the claim. A CCJ also has serious consequences for credit rating and — if unpaid — enables a range of enforcement methods: attachment of earnings, third-party debt order, charging order, and bailiff enforcement. A solicitor will advise on the most effective response at each stage.
CCJ — The Process and the Options
County court judgments — what happens at each stage and what a solicitor can do.
A CCJ is a procedural document — not a final resolution of the underlying dispute. At each stage — from the original claim to enforcement — there are options. A solicitor will identify which applies to your situation and advise on the most effective response.
Setting aside a default CCJ
Where a CCJ was entered in default — because the claim was not served at your correct address, you missed the 14-day deadline without realising it was in play, or the claim was for a debt you dispute — you can apply to set it aside. The court will set aside a default judgment where: the defendant has a real prospect of successfully defending the claim; or there is some other good reason why the judgment should be set aside or the proceedings reconsidered. The application must be made promptly — delay is a factor the court takes into account. A solicitor will draft the set-aside application, provide evidence of the grounds, and manage the application hearing.
Defending a county court claim before judgment
The best time to respond to a county court claim is before a default CCJ is entered. The defendant has 14 days to acknowledge service and 28 days (from service of the claim) to file a defence. A defence raises the specific grounds for disputing the claim — the debt is not owed, the amount is wrong, a set-off or counterclaim applies, the claim is statute-barred, or the procedure has not been correctly followed. A solicitor will assess the claim and draft the defence and any counterclaim — and manage the claim through to a hearing if it is not resolved by negotiation.
Applying for an instalment order
Where a CCJ has been entered for a debt that is genuinely owed, the defendant can apply for time to pay — a payment by instalment order, setting repayments at an amount the defendant can realistically afford. The instalment order sets a payment schedule — and while it does not remove the CCJ from the register, it protects against enforcement action (bailiffs, charging orders, attachment of earnings) as long as the instalments are paid. A solicitor will advise on the appropriate level of instalments and the evidence needed to support the application for time to pay.
Challenging enforcement — attachment of earnings
An attachment of earnings order directs the defendant's employer to deduct a fixed amount from wages and pay it directly to the creditor. The protected earnings rate — below which the court will not order deductions — means that the order should not leave the defendant without enough to live on. A solicitor will advise on whether the attachment of earnings order was properly made, whether the deduction rate is too high given the protected earnings rate, and whether the order should be varied — including by making a fresh application for a more manageable instalment arrangement.
Challenging enforcement — charging orders and orders for sale
A charging order secures the CCJ debt against the defendant's property — meaning that when the property is sold, the debt must be repaid from the proceeds before the owner receives the balance. The order for sale — which compels sale of the property — requires a further application and is not granted automatically. A solicitor will advise on objecting to a charging order where other creditors have priority, the charging order is disproportionate to the debt, or the property is the family home (where the court has a discretion). The order for sale can be resisted where the debt is small relative to the equity or where the impact on the family outweighs the creditor's interest.
Satisfying the CCJ and removing it from the register
A CCJ remains on the Register of Judgments, Orders and Fines for 6 years — damaging the defendant's credit rating throughout that period. If the judgment is paid in full within one month of the judgment date, it can be marked "satisfied" and removed from the register. If it is paid after one month, it remains on the register but is marked "satisfied." A solicitor will advise on the most effective means of settling the judgment — including the possibility of negotiating a reduced settlement with the creditor in full and final satisfaction — and will ensure the correct steps are taken to update the register.