AA Legal Documents
Law guide

Certificate of Unenforceability

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Certificate of Unenforceability

If it appears to the EJO that the judgment cannot be enforced within a reasonable time by any Enforcement Order, the EJO shall issue to the creditor and debtor a Notice of Unenforceability. This gives the debtor and creditor notice of an opportunity to be heard as to why a Certificate of Unenforceability should not be granted (usually allowing 10 days notice period). If, after such an opportunity, the EJO is satisfied that the money judgment in respect of which the notice has been issued cannot within a reasonable time be enforced, it will grant a Certificate of Unenforceability.

This will appear on the Public Register and will, in effect, impact upon the credit rating of a debtor. In some circumstances, it can also lead to the commencement of bankruptcy proceedings against the debtor by the creditor.

This will also safeguard other creditors. Once a Certificate has been issued, the EJO will not accept any further applications for Full Enforcement or Discovery.

The Certificate of Unenforceability can be set aside on an application by a creditor who is entitled to enforce a judgment. This creditor must show that the debtor has or is about to have assets or income which would allow an Enforcement Order be made for the enforcement of the judgment.

Setting aside the unenforceability will have regard to the priority of your application for enforcement, as you will have to make your application for full enforcement again and another creditor may get their application for full enforcement in before yours.