Wednesday, 27 January 2010

Enforcing a CCJ in Scotland

Scottish Law on debt enforcement is different to English.

If the debtor lives in Scotland but the claimant is in England a CCJ can be sought at an English County Court. Once the judgment has been issued it then needs to be registered in Scotland.

To do this a covering letter, with the judgment and a cheque for £10.00 needs to be sent to:-

Registers of Scotland
Erskin House
68 Queen Street
Edinburgh
EH2 4NF
Tel: 0131 4793630

The claimant will then receive a “black booklet” back; this means the judgment has been registered and can now be enforced.

To enforce the debt you need to contact a Sheriffs Officer local to the debtor, they will then (after paying a fee, generally around £62) serve a charge for payment on the debtor. This orders the debtor to pay the full balance plus costs within 14 days.

If the 14 day passes and the debt hasn’t been paid then there are various option available such as bank account arrestment. All of these incur further costs and each individual case is different and would need to be discussed.


If you have a query relating to this and would like to discuss matters further, please do not hesitate to get in touch.

EMAIL or call 0800 4 96 95 94

Wednesday, 13 January 2010

VALIDATION ORDER....

If you have been issued with a Winding-Up Petition your bank account will be (if not already) frozen. This will mean that you are unable to use the funds in your bank to pay bills and wages etc. This can be a crippling time for any business even if they have the funds to pay the petition.

There are things that can be done, a Validation Order is one of them. This enables the business to utilise the funds in the bank.

It is complex but we can assist you.

If you would like any advice on validation orders then please contact me.
EMAIL or call 0800 4 96 95 94