Oral Examination - Enforcing a County Court Judgment (CCJ)

Another option - Finding out more about the Defendant before deciding how to enforce a CCJ

Why would one of your Company’s supplier creditors want to orally examine you in Court about money owed by your Company to that supplier?

Once one of your suppliers has a County Court Judgment against your Company they can apply to Court for an Order that you attend at Court (in your capacity as a director of the debtor company) to be “orally examined”.

The purpose of an oral examination is to allow the creditor an opportunity to find out more about the specific assets that your Company owns. Once your creditor knows what debts are owed to your company or what assets it owns the supplier creditor then knows what type of enforcement action is most likely to recover the debt due.

The supplier can then, following the oral examination, decide which of the following enforcement actions is more likely to bear fruit:

- Issue a garnishee order against your bank

- Or issue a Garnishee order against one of your customers who owes you money

- Instruct bailiffs or Sheriffs or

- Apply for a charging Order

- Or issue a statutory demand.

When your company cannot pay a County Court Judgment (CCJ it is always wise to take advice to learn of the protection options that are open to you. We can help in that connection.

 

Chris Parkman
Chris Parkman
BSc Hons, FABRP, MIPA, FCCA, Insolvency Practitioner

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