Covid-19 - Important Message about EJO Services
The decision taken by the wider Northern Courts and Tribunals Service to reduce services is unprecedented and in line with government guidance on social distancing. To that end we have had to significantly reduce the services we provide to essential services only. This decision has not been taken lightly and we accept that there will be an impact, safeguarding and protection of both our staff and the wider public to avoid unnecessary exposure to COVID-19 is paramount at this time.
We are continuing to review enforcement services and I am able to update you on the provision of essential enforcement business in context with the COVID-19 situation. Any further updates to EJO services will appear here.
Essential Services
EJO Debt Register Searching- On line debt register search facility continue unaffected for use by prepaid account holders and also those using cards to purchase search vouchers. The service can be found here - https://www.justice-ni.gov.uk/articles/online-services.
EJO Case Tracking Service- On line case tracking facilty continues unaffected.
IT Support- If you have experience any on-line issues, you can contact the office at 079170264614 - between 9am and 5pm, Monday to Friday. However, please remember that IT support services are limited too, and we would ask that you are patient if issues are experienced and we will endeavour to deal with it as urgently as we can. Don't forget that the you can contact the NICTS Webmaster for any minor on line user account issues at webmaster.nictsinternet@courtsni.gov.uk
Prepaid Account Top Ups- Should any searcher require a top up to their prepaid account during this period we have put in place a workaround to facilitate payment by card, via a call back service. In order to avail of this service, users should e-mail the office at FrontofHouseEJO@courtsni.gov.uk
Debt Payments
- We will continue to process debt payments made via credit transfers or Bacs to the NICTS Third Party Bank Account.
- We will process any cheque payment sent to the office by debtors
Creditor Payments- Debt payment services for creditors are unaffected - but you should check AccountNI website for any further information about their payment service at https://www.finance-ni.gov.uk/topics/account-ni
Mailboxes- our general mailboxes remain open, but note they are not monitoried daily. However, we aim to provide a limited service and we shall endeavour to deal with any customer contacting us about financial hardship first as well as customers seeking to top up prepaid accounts. We ask you to be patient for responses to be made.
Non-Essential Services
Notices of Intent and Applications for Enforcement- the office is suspending the processing of any new applications for enforecement
Certificates of Satisfaction- the office is suspending the issuing of any new certificates of satisfaction
Money & Repossession Judgments- the office has suspended all work relating to enforcement of money and repossession judgments
Public Counter- Our public counter remains closed to the public.
Telephone Card Payments- the office has suspended telephone card payments to allow us to deal with essential services. If you still wish to make a payment, we recommend that you set up a standing order with your bank. To do this, please provide the following information to your bank:
Bank Name and Address
Danske Bank
Donegall Square West Branch
Belfast
BT1 6JS
Bank Account Details
- Account Name: Northern Ireland Courts & Tribunals Service 3rdParty Monies
- Sort code: 95-01-21
- Account Number: 31337181
- Payment Reference to quote is;
EJ [*Insert the EJO case reference number which is contained on any documentation]
For example a full payment reference would look like EJC/20/12345
What is the EJO?
The Enforcement of Judgments Office (EJO) is a centralised unit for enforcing civil judgments related to the recovery of money, goods and property of the courts. The EJO can also enforce civil judgments made by other courts outside Northern Ireland, including England/Wales, Scotland and the European Union.
In some circumstances the EJO can also enforce decisions from other public bodies which are deemed to be judgments and also the decisions of some Tribunals in Northern Ireland.
The EJO’s powers and procedures are contained in the Judgments Enforcement (Northern Ireland) Order 1981, and Judgment Enforcement Rules (Northern Ireland) 1981.
The Work the EJO
Since February 2014 the EJO have been restructuring our approach to the processing of judgments. Our work is split into 3 distinct areas:
- Front of House Team – this team deals with the processing of all Notices of Intent to Enforce a Judgment as well as Applications for Enforcement of a Judgment. They are responsible for checking paperwork and the processing of fees as well as processing payments made to discharge judgments relating to the recovery of money.
- Money Judgments Team – this team is responsible for the conducting of debtor means examinations as well as the issuing of all enforcement orders and the management of hearings before the Master (Enforcement of Judgments Office).
- Repossession Team – this team are responsible for the issuing of all documents relating to the repossession of land or goods. The team is also responsible for the management of EJO Enforcement Officers.
A Glossary of Terms
Money Judgments
Attachment of Earnings Order - (Article 73)
When a debtor is in employment this office can make this order to deduct a regular sum of money from his/her salary. The debtor is given a 'protected earnings rate’ after a report has been done on them to assess their means. The rate is based upon individual debtors circumstances and will include an allowance for debtor, their partner, and any children. The office also allows for rental/mortgage payments and any rates. The Office will deduct any child benefit payment made for each child. This rate therefore protects an amount of money that they need to live on; the excess amount can then be used to pay off a particular debt. However the Attachment of Earnings Order does not exclude the Office from issuing further enforcement orders, it is merely a means of ensuring regular payment towards a judgment/debt. Under certain circumstances, a debtor may be given the opportunity to object to the Order being made (normal objection period being 8 days) and if a written objection is received the case will be reviewed by a designated officer or in certain circumstance, listed before the Master. After the hearing the terms of the order may be confirmed, suspended or varied according to the circumstance of the case.
Instalment Order - (Article 30)
If a debtor is self-employed his/her income cannot be attached by the above means, the office then considers what appears to be a reasonable amount for him/her to pay over a period of time either weekly or monthly which is paid directly to the creditor. It is therefore the responsibility of the creditor to keep the office informed of all monies paid or indeed if the debtor defaults in payment. A debtor may be committed to prison for failure to keep up payments due on an Instalment Order.
Order Charging Land - (Article 46)
If a debtor owns land or has an interest in land/property the Office may 'charge' that land/property to secure payment of the debt and the order has the effect of a charge created by the debtor in favour to the creditor. It is the Creditor/Solicitors responsibility however to register the Order in the Land Registry or Registry of Deeds accordingly. Under current legislation the order ceases to have effect on the expiration of 12 years from the date of the judgment. Also, when a debtor has paid their debt in full, including any interest payable direct to the creditor, they may wish to apply for a Certificate of Satisfaction (currently costing £18) to give proof of it and have the charge removed.
The Seizure Order - (Article 31)
This is an order directing the Chief Enforcement Officer to seize the debtors' goods to pay the debt/s and enforcement costs. The Office may issue this type of Order when it appears that there are sufficient seizeable goods to satisfy the debt. However it is practice that the Office will look for other relevant means of enforcement e.g. Attachment of Earnings, Instalment Order before issuing this order but if a debtor is un-cooperative or does not have direct financial means and has seizeable goods the may apply to the Master for an Order of Seizure.
There are limitations for the Office as it can only seize goods owned by the debtor and cannot seize goods such as:
- Motor Vehicles or other good subject to Hire Purchase
- Perishable goods
- Tools of the trade up to £200
- Any goods in the hands of a Receiver appointed by a court
- Debtors clothes and essential household furniture.
These conditions are all stipulated in the body of a Custody Warrant.
Order Appointing Receiver - (Articles 67 & 68)
This type of order is a remedy used very extensively and successfully in day-today practice and is where the Office obtains information that the debtor is about to receive monies from a third party (e.g. a claim, proceeds of house sale etc) and therefore issues the above order so that the Office receives monies due for the purpose of satisfying the debt.
This Article also provides that any person aggrieved by the terms of the order may apply to the Office to have his claim judicially determined.
Attachment of Debt Order (also know as Garnishee Order) (Article 69)
This orders gives the Office the power to 'freeze' a debtors' bank account. It is served personally on the Third party (Garnishee) i.e. a bank and is conditional which gives the garnishee an opportunity to appear before the master to give reasons why the money should not or cannot be paid.
Article70 (2) gives the Master power to determine any dispute and if in doubt to refer the matter to the High Court.
Variations to this Order are Applications under the Crown Proceedings Act 1974 (Rule 57). This states that no order for Attachment of Debts Order can be made in respect of any money due or accruing from the Crown (e.g. The Compensation Agency) except in accordance with this rule.
The Certificate of Unenforceability - (Articles 18 & 19)
If it appears to the Office that the judgment cannot be enforced within a reasonable timescale, or has no assets, it will issue this Certificate. This will appear on the Public Register and will, in effect, impact upon the credit rating of a debtor.
Non- Money Judgements
Order for Delivery of Possession of Land - (Article 53)
If you require any information with regard to an Order for Delivery of Possession of Land please contact the Repossession Team on 02890724821.
Order for Delivery of Goods - (Article 57)
This order is issued when a person is entitled under a court judgment to the delivery of ascertained or specified goods. If the respondent fails to deliver up the goods, the Office may seize and deliver them to the person entitled to them under the order.
Application Packs
You can view the EJO Application Packs here.
Enforcement Rules
You can read the complete Judgment Enforcement Rules (Northern Ireland) 1981 here.
Help and Advice Documents
This section will provide you with guidance on what to do if you are affected by an enforcement order. It contains fact sheets which can answer questions you may have, all of which can be found here.
You can also contact the EJO on: 0300 200 7812.