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Your home may be repossessed if you do not keep up repayments on your mortgage. Think carefully before securing other debts against your home. Borrowing over a longer term can mean paying back more in total.
Not paying a CCJ doesn’t make the debt go away, even once it eventually drops off your credit file after 6 years. The judgment stays legally enforceable, and the creditor can use a number of court-backed methods to recover the money, from taking goods to arranging deductions from your wages. Whether any of that has already happened, or you’re trying to work out your options before it does, getting free debt advice early is usually the most useful step.
What the judgment itself requires
A CCJ sets out what you owe and, usually, how you should pay it, for example in full immediately or by instalments. If you don’t keep to those terms, the creditor doesn’t need to go back to court to prove the debt again. It can go straight to asking the court to help enforce the judgment that already exists.
Enforcement methods a creditor can use
If a CCJ isn’t paid, the creditor can apply to the court for one or more of the following, depending on your circumstances:
- A warrant of control. Enforcement agents, often called bailiffs, can visit to try to recover the debt, and may be able to take and sell goods if it isn’t paid.
- An attachment of earnings order. The court can order your employer to deduct a set amount from your wages and pay it to the creditor.
- A charging order. This secures the CCJ debt against your property. It doesn’t need to be paid immediately, but it usually has to be dealt with when you sell or remortgage. See our guide on what a charging order is.
- A third party debt order. The court can freeze money held in your bank or building society account and order it to be paid to the creditor.
- An order to obtain information. You can be required to attend court and give details of your income, spending and financial circumstances, so the creditor can decide what to ask for next.
Which of these a creditor chooses depends on what they know about your circumstances and how much is owed. More than one can apply to the same debt over time.
Does it get worse the longer you leave it?
It can. Interest may continue to add to some judgment debts in certain circumstances, and further court and enforcement fees can be added as a creditor takes each additional step. The exact position depends on the type of debt and the judgment itself, so check your paperwork or ask a free debt adviser rather than assuming either way.
What happens after 6 years?
After 6 years, the CCJ is removed from the Register of Judgments, Orders and Fines and from your credit file automatically, whether or not it was paid. This is separate from the question of whether the debt itself can still be legally enforced. Older debts can raise questions about time limits on court action, which depend on the type of debt and your specific case, so this is worth checking with a free debt adviser rather than assuming the debt has simply expired. Removal from your file is about reporting, not about whether you still owe the money.
If you can’t pay
If you genuinely can’t pay a CCJ, ignoring it tends to make things harder, not easier, because it removes your say in how enforcement happens. Options include:
- contacting the creditor directly to ask about a payment plan
- applying to the court to vary how you pay, if your circumstances have changed
- paying it off if you can, following the steps in how to pay a CCJ, so it’s at least marked satisfied
- getting free advice from MoneyHelper, StepChange or National Debtline, who can help you look at your whole budget and every debt together, not just this one
Comparing enforcement options
| Method | What it does | What it needs from the creditor |
|---|---|---|
| Warrant of control | Enforcement agents try to recover goods to sell | Application to the court, then instructing agents |
| Attachment of earnings order | Deductions taken from your wages by your employer | Knowing your employer and income |
| Charging order | Secures the debt against your home, repayable on sale or remortgage | Land Registry details and a court application |
| Third party debt order | Freezes and can claim funds from your bank account | Knowing which bank you use |
| Order to obtain information | Requires you to attend court and disclose your finances | A court application, usually where other information is limited |
What an unpaid CCJ means for a remortgage
An unpaid CCJ can affect a remortgage in more than one way. Some lenders may be unwilling to consider an application with an outstanding judgment, and some may only proceed if it’s cleared as part of the remortgage, often on completion. If a charging order has been registered against your property, this also has to be dealt with as part of the legal process, so tell your adviser and solicitor about it from the start. Our main page on remortgaging with a CCJ and our page on remortgaging with an unsatisfied CCJ explain more.
If you’re considering clearing a CCJ through a remortgage, remember this turns a court debt into borrowing secured on your home, so a missed mortgage payment afterwards puts your home at risk. Our page on paying off a CCJ through a remortgage explains how this works and what to weigh up first.
Frequently asked questions
Can enforcement agents (bailiffs) enter my home over a CCJ?
They have certain rights of entry, but there are rules about how and when they can act, including usually giving notice before a first visit. If enforcement agents contact you, it’s worth getting free advice quickly, from MoneyHelper or National Debtline, to understand your rights and options.
Will an unpaid CCJ affect my job?
Not directly, and it isn’t a criminal matter. If a creditor gets an attachment of earnings order, your employer will be told to deduct a set amount from your pay, which some employers may notice, but the CCJ itself doesn’t appear on the background checks used for employment in the way it does for credit applications.
Can a creditor still chase an unpaid CCJ after it drops off my credit file?
Possibly. The 6-year credit file period is about reporting, not about whether the debt can still be legally pursued. Whether a creditor can still take action on a very old judgment depends on your specific case, so get free debt advice rather than assuming the debt has expired.
What if I’ve moved since the CCJ was made?
The judgment still applies to you personally, not just your old address, so moving doesn’t cancel it. If you didn’t receive the original claim because it went to an old address, you may have grounds to ask the court to set the judgment aside. See how to remove a CCJ for how that works.
Does an unpaid CCJ mean I definitely can’t remortgage?
Not necessarily, but it’s a significant factor. Some lenders may still consider you, sometimes on the basis the CCJ is paid off as part of the remortgage, while others may be more cautious. How much equity you have and the rest of your file also count. See remortgaging with a CCJ.