The Enforcement of Judgments Office in Northern Ireland

If you owe money under a court judgment in Northern Ireland and do not pay, the case can be passed to the Enforcement of Judgments Office (EJO). The EJO is a court, part of the Northern Ireland Courts and Tribunals Service, and it is responsible for enforcing judgments made by the small claims court, the County Court and the High Court in Northern Ireland¹.

The EJO has several ways to collect the money, and additional charges are added to your debt². These include an attachment of earnings order, an instalment order, an order charging land, a seizure order, an order appointing a receiver and a garnishee order¹. If the EJO takes money from your wages, it can take around 50% of what you have left above the protected earnings rate¹.

Once enforcement reaches a certain stage, your details are added to the EJO's public debt register and stay there for six years¹. Anyone can search that register online for a £10 fee¹. If you are struggling, an administration order is a court-ordered repayment plan that stops further action by creditors while you make the required payments to court³.

What the Enforcement of Judgments Office does

The EJO is a court, not a debt collection agency¹. Its role begins after a judgment has already been made against you by the small claims court, the County Court or the High Court in Northern Ireland¹. The people you owe can pass the judgment to the EJO if you do nothing².

The EJO's job is to enforce that judgment, using the powers available to it. It has several ways to collect the money, and additional charges are added to your debt². These include an attachment of earnings order, an instalment order, an order charging land, a seizure order, an order appointing a receiver and a garnishee order¹.

For rates arrears, the process works slightly differently. If you do not pay the full overdue amount or make an arrangement to pay, the Land and Property Services (LPS) will ask the EJO to issue a Notice of Intention⁴. The EJO can then use a Seizure Order, which enables it to seize personal property or valuables to cover all or part of the debt⁴.

The EJO also has powers in relation to eviction. If enforcement reaches the stage of forcing a homeowner to leave, you will need to pay the legal fees for this⁵. The EJO will store your belongings for 28 days before auction⁵.

How a creditor passes an unpaid judgment to the EJO

Before a creditor can ask the EJO to enforce a judgment, they must already have an unpaid judgment from the small claims court, the County Court or the High Court in Northern Ireland¹. The creditor then submits Form 3, the "Application for enforcement of a money judgment in the Enforcement of Judgments Office"¹.

The application includes Form 1, the "Notice of intent to enforce a money judgment"¹. Once the EJO receives the application, it issues a notice to you. You have at least eight days to respond¹. You can only object on a point of law, not simply because you disagree with the amount⁵.

There are circumstances in which a judgment cannot be passed to the EJO. Your judgment cannot be passed to the EJO if you agree that you owe the amount stated and you are able to pay the full amount before the deadline⁶. Your judgment will also not be passed to the EJO if you keep up to date with the agreed payments⁶.

If you do not respond to the notice within the eight-day period, enforcement action can begin. This can include the EJO taking money from your wages, taking money from your bank account, or seizing property¹.

Enforcement methods the EJO can use against you

The EJO has a range of enforcement methods available to it. These include an attachment of earnings order, an instalment order, an order charging land, a seizure order, an order appointing a receiver and a garnishee order¹. The EJO may apply one or more of these¹.

An attachment of earnings order means your employer deducts an amount from your wages and pays the EJO directly⁷. An instalment order sets a schedule of payments you must make. An order charging land secures the debt against land you own. A seizure order allows the EJO to seize personal property or valuables to cover all or part of the debt⁴. A garnishee order takes money from a third party, such as your bank¹. An order appointing a receiver gives control of certain assets to a receiver.

For rates arrears specifically, the EJO can use a Seizure Order to seize personal property or valuables to cover all or part of the debt⁴. The EJO also has powers in relation to eviction, and if enforcement reaches the stage of forcing a homeowner to leave, you will need to pay the legal fees for this⁵. The EJO will store your belongings for 28 days before auction⁵.

Additional charges are added to your debt when the EJO takes enforcement action². This means the amount you owe can increase as enforcement proceeds.

Attachment of earnings: around 50% above the protected rate

If the EJO makes an attachment of earnings order, your employer deducts an amount from your wages and pays the EJO directly⁷. The EJO can take around 50% of any money you have left above the protected earnings rate¹.

The protected earnings rate is the level of take-home pay below which a court cannot make an attachment of earnings order⁸. In other words, if your take-home pay is below that level, no deduction can be made. The protected rate is designed to ensure you retain enough to live on.

For comparison, in England and Wales, a deduction from earnings order can take between 5% and 40% of your earnings, based on what you earn⁹. For higher earners, or those found guilty of benefit fraud or other financial crime, the rate can be higher⁹. In Scotland, earnings arrestment takes 15% of earnings above the protected minimum for those earning up to £1,500 a month¹⁰.

The protected earnings proportion in England and Wales means a person is not left with less than 60% of their net earnings¹¹. The rules in Northern Ireland are different, and the EJO's approach is set out in its own guidance.

The EJO debt register: six years on record

At a certain stage in the enforcement process, the EJO adds your details to its public debt register¹. They stay there for six years¹. Anyone can search the online register for a £10 fee¹.

This is separate from the Register of Judgments, Orders and Fines in England and Wales, which records county court and high court judgments and keeps them on the register for six years¹². In England and Wales, the information stays on your credit reference file and the Register of Judgments, Orders and Fines for six years from the date the judgment was made, unless you pay the judgment in full within one calendar month¹⁴.

In Northern Ireland, details of a judgment are also added to your credit history for six years¹⁵. An administration order appears for six years on your credit file and the public Register of Judgments¹⁶.

The length of time a judgment stays on record means it can affect your ability to get credit, a mortgage or even a tenancy for several years. Paying the judgment in full, or reaching an arrangement, can stop further enforcement action, but it does not necessarily remove the entry from the register before the six years are up.

Administration orders and getting help with court debt

An administration order is a court-ordered repayment plan or instalment order, which stops further action by creditors while you make the required payments to court³. It can help you deal with your debts if they are £5,000 or less and you can afford to make regular payments to your creditors¹⁷.

To apply for an administration order in Northern Ireland, you contact the Enforcement of Judgments Office for a copy of Form 11, fill in this form and return it to the EJO¹⁶. You must apply for an administration order through your local county court, and there are certain costs and conditions you need to meet¹⁷.

An administration order appears for six years on your credit file and the public Register of Judgments¹⁶. Once the order is satisfied, the agency should mark your file to show the debts and the administration order are satisfied³.

If you are struggling with court debt, free and impartial help is available. You can contact the EJO directly to discuss your options, or speak to a free debt advice service such as StepChange or National Debtline. In Northern Ireland, Advice NI also provides free debt advice. These services can help you understand your options, including administration orders, debt management plans and other solutions.

Are enforcement rules in Northern Ireland the same as in England and Wales?

No. Northern Ireland has its own enforcement body, the Enforcement of Judgments Office (EJO), and its rules are different from England and Wales¹⁸. In England and Wales, enforcement is handled through county courts and High Court enforcement officers²⁰. In Northern Ireland, the EJO is responsible for enforcing judgments from the small claims court, County Court and High Court¹.

The EJO is part of the Northern Ireland Courts and Tribunals Service¹. It is responsible for enforcing the debt judgments made by the small claims court, County Court and High Court in Northern Ireland²².

In England and Wales, if you do not pay what the court has told you to pay, enforcement methods can include bailiffs (also known as enforcement agents) taking control of goods, an attachment of earnings order, or a charging order securing the debt against your home²³. In Northern Ireland, the EJO uses its own methods, including attachment of earnings orders, orders charging land, garnishee orders and seizure orders⁷.

The rules on how much can be taken from your wages also differ. In Northern Ireland, the EJO can take around 50% of any money you have left above the protected earnings rate¹. In England and Wales, a deduction from earnings order can take between 5% and 40% of your earnings, based on what you earn⁹. In Scotland, earnings arrestment takes 15% of earnings above the protected minimum for those earning up to £1,500 a month¹⁰.

If you live in Northern Ireland, the EJO is the body you will deal with if a judgment is enforced against you. If you live in England, Wales or Scotland, different rules apply.