Law guide: Complaints and disputes

See how we helped Liz

"It's not just a website... there are people there on call who can help answer your queries."

Liz W, London

Certificate of Unenforceability

Certificate of Unenforceability

Certificate of Unenforceability

If it appears to the EJO that the judgment can't be enforced within a reasonable time by any Enforcement Order, the EJO shall issue to the creditor and debtor a Notice of Unenforceability. This gives the debtor and creditor notice of an opportunity to be heard as to why a Certificate of Unenforceability should not be granted (usually allowing 10 days notice period). If, after such an opportunity, the EJO is satisfied that the money judgment in respect of which the notice has been issued can't within a reasonable time be enforced, it will grant a Certificate of Unenforceability.

This will appear on the Public Register and will, in effect, impact upon the credit rating of a debtor. In some circumstances, it can also lead to the commencement of bankruptcy proceedings against the debtor by the creditor.

This will also safeguard other creditors. Once a Certificate has been issued, the EJO will not accept any further applications for Full Enforcement or Discovery.

The Certificate of Unenforceability can be set aside on an application by a creditor who is entitled to enforce a judgment. This creditor must show that the debtor has or is about to have assets or income which would allow an Enforcement Order be made for the enforcement of the judgment.

Setting aside the unenforceability will have regard to the priority of your application for enforcement, as you will have to make your application for full enforcement again and another creditor may get their application for full enforcement in before yours.

Copyright © 2022 Epoq Group Ltd. All trademarks acknowledged, all rights reserved

This website is operated by Epoq Legal Ltd, registered in England and Wales, company number 3707955, whose registered office is at 2 Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN. Epoq Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 645296).