If you, or your client, has obtained a county court judgment (CCJ) against a Scottish debtor we are able to assist you in registering that CCJ in Scotland to enable enforcement proceedings to commence.
The starting point is for you to apply for and obtain a Certificate of Money Provisions from the county court who issued the judgment. We can then register this in the Books of Council and Session in Edinburgh, which has the effect of enabling that CCJ to be enforced in Scotland. It normally takes around 2-3 weeks for us to receive notification that the CCJ has been registered for enforcement once the Certificate is submitted.
Enforcement usually starts with the service of a Charge for Payment. This is a legal demand for payment which must be served by sheriff officers. The Charge for Payment gives the debtor 14 days in which to pay the debt. The Charge for Payment will include the principal sum, interest and an element of the sheriff officers’ fee. If the debtor does not make payment, then further enforcement action can be pursued.
There are various options that can then be utilised to further enforce the judgment. We can advise you on the most suitable action which will depend on the level of the debt, the debtor’s assets and ability to pay and whether the debtor is a corporate entity or an individual.
Methods of enforcement include: earnings arrestment; winding-up/insolvency proceedings; attachment (seizure of certain goods); arrestment (of monies held in bank or with third parties); and inhibition (an order preventing sale of heritable property).
The viability of a return will always be taken into account to avoid “throwing good money after bad”.
Please contact our Litigation Partner, Diane Cairney, on 0141 227 6036 for further information.