Enforcement of civil court orders in Northern Ireland

The Enforcement of Judgments Office (EJO) is a department of the Northern Ireland Courts & Tribunal Service (an agency of the Department of Justice) and is responsible for the enforcement of court judgments in respect of money, goods and property. The EJO was established in the early 1970’s replacing old methods of debt enforcement in Northern Ireland therefore bailiffs no longer operate here.

When may the EJO be used?

A creditor (the person owed the money) can make a claim against a debtor (the person who owes the money) in Court. A Court Judgment may then be made giving details of what is owed and to whom. If this debt is not paid within a reasonable time the creditor may instruct EJO to recover the debt on their behalf. Creditors must make an application to have their court order enforced using the appropriate application forms. The creditor must pay a fee to EJO up front but ultimately it will be added to the debt which the debtor must pay back.

Debt collectors

Creditors may use a debt collection agency to collect their debt. Debt collectors aren't court officials and don't have the any powers as the EJO, in fact they have little or no legal authority. They can't enter your home or seize your possessions.

If a collector harasses you, you should contact your local trading standards department. If they threaten you physically, contact the police.

How to avoid being visited by Officers from the EJO

If a court order is made stating a debt is rightfully owed you should immediately contact the creditor (the person you owe the money to). You should make an offer to repay the debt, for example by installments - this should always be an offer you can afford to keep. If accepted, this may prevent the creditor approaching the EJO to have the debt enforced.

How does the EJO recover debts?

The first thing the EJO will do is visit your home or request you attend a pre-arranged meeting (often this will be held in your local court office or sometimes in the EJO Headquarters, Bedford House, Bedford Street, Belfast). EJO staff cannot force their way into your home but it is in your best interests to attend this meeting or to fully comply when an EJO Officer visits you.

The purpose of this meeting is to allow the EJO to complete a report on your current financial situation; this will then allow the EJO to consider how the debt may be paid back.

You are strongly advised to attend this meeting. It can be made by arrangement to suit you but you must contact EJO to do this.

If you fail to attend a meeting with an EJO Officer a warrant for your arrest may issue and the Police Service of Northern Ireland will be required to arrest you and bring you to be interviewed.

Once the report is completed EJO will consider the best way to recover the debt.

Negotiating with the EJO

You may negotiate with the EJO on how you intend to pay the debt. If you are open and honest in your interview and you present a reasonable offer to repay the debt it will almost always be considered favorably by EJO.

You may also make a part payment or payment in full at the time of your interview. A receipt will be provided for any payments made and you should ensure you keep it safe.

What other powers does the EJO have?

The EJO has a number of powers to enforce payment of a debt when a mutual arrangement cannot be found. These other powers come in the form of ‘enforcement orders’; the most frequent orders include -:

deductions made by an employer from a persons wage and sent to EJO (known as an Attachment of Earnings Order)
Instalment Orders where fixed weekly or monthly payments are required until the debt is paid
Orders Charging Land that mean any profit from the sale of a debtor’s property will go to pay off debts before the debtor receives any money
Orders Appointing Receiver, where EJO intercepts money due to the debtor and uses it to pay off debts e.g. money received from a claim
Garnishee Orders, where the EJO can take money directly from a persons bank account to pay off debts

The EJO also has the right to seize property and sell it off at auction using the money to pay outstanding debts. EJO will never seize essentials such as clothing, bedding, cookers, fridges, most furniture and the 'tools of your trade'.

Explanation of all EJO orders and powers

Rent and mortgage arrears – evictions

The EJO is also responsible for the enforcement of land and property orders. If you're behind with your rent or mortgage payments, your landlord or mortgage lender may get a Possession Order that, if not resolved, may lead to you being evicted from your home. In this situation, EJO staff are entitled to forcibly enter your property (even in your absence). Northern Ireland law states that the EJO must remove “all persons and their goods” when carrying out an eviction. This means your clothes, furniture and all other goods will be taken away by EJO and safely stored. To get them back you must pay a fee as advised by EJO (the fee will be the expenses incurred by EJO in evicting you). In some cases, this fee can be waived by the Chief Enforcement Officer.