Procedure for serving a CCJ out of jurisdiction in Scotland

[jackaubrey]

I won a CCJ against an individual  that lives in Scotland and so need to serve the CCJ "out of jurisdiction" in Scotland. 

 

Can anyone explain the procedure for me - very simply , please - and which forms I need to fill in? My brain is not as good as it once was and I am confused!

 

The CCJ is from 2019 but I believe I can still serve it. I've been ill these past years, hence the delay.

 

Many thanks

JA

[Andyorch]

Welcome to the forum.

 

Do you mean you wish to execute the judgment out of jurisdiction? not sure what you mean you wish to serve it ...you must of already served it to get judgment?

 

Andy

[jackaubrey]

Hello Andy

 

I've won a CCJ against the defendant who lives in Scotland and now would like to execute the judgement out of jurisdiction.

 

Hope that makes more sense

 

JA

[Andyorch]

The steps that need to be taken by a party enforcing an English judgment in either Scotland or Northern Ireland are laid out in the Civil Jurisdiction and Judgments Act 1982, as amended. In brief, the party would need to obtain a certificate from the English court which gave judgment and then apply to the foreign court to register the judgment within six months of the date of issue of the certificate. Once registration has been completed, the certificate has the same force and effect as a local judgment.

 

The document which you require to register is a Certificate of Judgment issued in terms of Section 18 of, and Schedule 6 to, the Civil Jurisdiction and Judgments Act 1982.

 

https://www.legislation.gov.uk/ukpga/1982/27/schedule/6

 

[jackaubrey]

Thanks Andy, I will take a look at the document in your link.