How to apply for a stay of execution on a CCJ
Your creditor can enforce a CCJ through the Enforcement of Judgments Office (EJO). Being granted a ‘stay of execution’ stops your creditor from doing this.
You’ll automatically be granted a stay of execution if you’ve made a payment arrangement with your creditor through the small claims process.
Or, you can apply for a stay of execution if you’ve reached a payment agreement with your creditor through the standard County Court process.
You’ll need to apply in writing and pay the court fee, which is £177. There’s no official form to complete and return to the court, but if you’re finding it difficult write your application we recommend getting expert legal advice.
Although a stay of execution prevents further action, it would be more beneficial to get your creditor to agree to set aside the CCJ, s it'll be removed from the public register and your credit file.
Can I get help with the court fee?
If you’re on a low income you may be entitled to have all, or some, of the £177 fee waived.
If you receive any of the following benefits, you won’t have to pay the court fee:
- Income Support
- Pension Credit
- Income-based Jobseeker’s Allowance (JSA)
- Universal Credit
The fee will also be waived if you receive Working Tax Credit, and your pre-tax income is below the threshold set by Northern Ireland Courts and Tribunal Services (NICTS), and one of the following applies:
- You receive Child Tax Credit
- Your Working Tax Credit award contains a disability premium
If you don’t meet the above criteria but you’re on a low income, in receipt of other benefits or paying the fee would cause you hardship, you can apply to have the court fee reduced (also known as fee remission).
The court will take your individual circumstances into account before making their decision. You’ll need to complete form ER1 ‘Application for exemption or remission of a fee’. You can find help and support on how to complete the form and what evidence you’ll need to send on the NICTS website.
The court will write to you and inform you how much you’ll have to pay towards the fee, or explain if your application was unsuccessful.
Help and advice with a CCJ
If you've received a CCJ and you're not sure what to do, we can help. We can offer expert advice on the County Court claims process and how to deal with a CCJ.
We can also recommend debt solutions to help you deal with your debts. Use our online debt advice tool or call us for free and speak to one of our friendly debt advisors.