Managing County Court Judgments

HOW DO I APPLY TO SUSPEND THE 'WARRANT OF EXECUTION'?

As mentioned earlier, suspending the warrant can be filed in court through the form N245. The County Court must accept your application regardless whether the bailiff already visited, managed to break into your home, or not. The bailiffs can continue bugging you around until your application is approved.

FILLING IN THE N245 APPLICATION FORM

It is important that you sort out your personal budget carefully upon filing for a suspended warrant. All your income as well as your expenses will be needed to fill the N245 form. Basically, you will want the court to agree in a specific amount that you claim you can only afford. You can only make this claim acceptable if you have the necessary documents that will prove to the court that you have enough expenses to mind at home to be able to offer a higher amount.

Once you make the application, the bailiffs cannot take away any of your goods. It is permissible, however, that they call you or even pay you visits. They can even list down your valuables that are good for auction also called levying but they cannot take any of those things. Not yet.

FEES

Applying to suspend the warrant usually charges £30.00. You can waive this amount, however, especially if you are on low income or on certain benefits.

WHAT HAPPENS NEXT?

After completing the required information on the form N245, you must submit it to the County Court and pay the necessary fees. Your creditor will receive a copy of your application so he can decide whether to agree or not on your terms. If your creditor agrees, he will send a notice to the court which will then document the terms and send you the details. If your creditor does not agree, the court will decide on the terms of payments on merits of the information you have written on your application. If your creditor objects to your application altogether, the court will call a hearing so the District Judge will know what to do. In this hearing, you need to explain why you have applied to suspend the warrant and what are the grounds that you feel will make the court agree with you. On the other hand, if you do not agree with the court's terms in the order, you can ask for a hearing to explain your reasons. You will use an N244 form to ask the court reconsider its decision. This form should be filed within 14 days that you receive the notice of order. At this stage, you should no longer be paying anymore fees. At the hearing, you can bring a copy of your personal budget to strengthen your claim that you cannot afford the amount set by the court.

COUNTY COURT FEES

DO I HAVE TO PAY FOR AN APPLICATION IN THE COUNTY COURT?

Usually, a fee of £30.00 is charged for those who applies for a suspended warrant. The court, however, awards exemptions to those who are worthy of them. To apply for it, you must file an EX160 or the "Application for a fee exemption or remission". This application should go with your main application. If the court agrees that you will be exempted based on certain cicumstances, you no longer have to pay a fee. If, however, you have already paid a fee but you have proven to be deserving of an exemption, you will have to apply for a refund within six months.

EXEMPTIONS

Exemptions to pay court fees are awarded to those who are on income support or on Job Seekers' Allowance (JSA). You can ask the court to give you exemptions by presenting the necessary documents that will prove you are getting any of those benefits. Those who are on tax credit may also apply for an exemption to pay the fee for as long as they are on child tax credit or they have received the disability or severe disability element in their working tax credit. Either way, they must have an annual gross income taken into account for working tax credit that is not more than £14,600. To qualify for the exemption, applicants must present their tax credit award notice.

If you do not qualify based on both cases, you can ask for the fee you paid to be remitted or waived by rule of remission.

REMISSIONS

If paying the fee for your application will cause you "undue financial hardship", the court may waive the amount you have shed. To do this, you must file an EX160 form stating the circumstances or benefits you have that does not automatically exempt you from paying the fees. You must support your claim with documents that will prove your incapacity to pay. The court may remit all or part of your paid fees depending on what they feel you can afford.

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