Enforcing a Northern Ireland County Court Money Judgment in the United Kingdom

To enforce a money provision contained in a county court decree against someone residing in another part of the UK you must obtain a Certificate of Money Provision [see Order 40 Rule 15 County Court Rules (NI) 1981].

You (the creditor) may obtain this Certificate by filing at the court where the judgment was given:

• The original decree (or a copy)

• Written evidence (an affidavit) and

• A certificate in Form 297 (see Annex 1)

• Court fee – you should contact your nearest county court for an up-to date fee.

 

The affidavit should contain the following information:

1. Your name and address and that of the debtor (the person who owes the money)

2.  The details of the claim that lead to the decree being made

3. The sums payable and unsatisfied under the money provision

4.  The rate of interest, if any, applicable and the date or time from which any such interest began to accrue

5. Where application for enforcement of the decree has previously been made to the Enforcement of Judgments Office, a certificate signed by the Chief Enforcement Officer stating the amount remaining unsatisfied

6. Verify that the time for appealing against the decree has expired, or that any appeal brought or application for re-hearing has been finally disposed of and that enforcement of the decree is not stayed

 

The decree (original or copy), Certificate and affidavit must be produced to the Chief Clerk of the court where the judgment was given. He/she will sign the affidavit and Certificate. The Certificate will be returned to you.

 

The Certificate and a copy of the decree must be filed for enforcement in the

  1. Action Department of the Central Office of the Supreme Court

Royal Courts of Justice

Strand

London

WC2A 2LL

(Tel no: 020 3936 8957), or to

  1. The Keeper, Registers for Scotland Books of Council and Session

Meadowbank House

153 London Road

Edinburgh EH8 7AY

Tel: 0131 659 6111 ext 3630

 

You should contact the relevant office for further advice and procedural information.

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