Enforcing - ie. getting paid - a County Court judgement
Discussion
I have successfully claimed against a client through the small claims systems via Northampton CC. Needless to say, the client has done FA about it and probably doesn't even know. The claim was unopposed. How do I get my money now? The court sent me a leaflet describing a number of ways to proceed, all of them pretty hopeless in my view. I seem to remember watching a programme about High Court Sheriffs being quite effective but possibly not open to me.
The client is a solicitor and the claim was made on his office address - on the instruction of the DJ - whereas I wanted to go for him at home as he is a sole practioner. The amount in question is about £4500.
Thanks
The client is a solicitor and the claim was made on his office address - on the instruction of the DJ - whereas I wanted to go for him at home as he is a sole practioner. The amount in question is about £4500.
Thanks
Contact the company you've seen on TV. I've found their service superb and they are both knowledgable and helpful.
They charge £60 which is actually the direct cost to escalate the debt to the High Court, and get a writ of enforcement.
Their solicitors do all the paperwork for you, and just keep you in the loop when they've got the writ in hand, and when they are likely to enforce. Their costs come from the debtor on top of the judgment.
Do not use the county court bailiffs, they have a fraction of the powers the high court ones have.
The only problem is that if you believe that the solicitor doesn't know, then all that will happen is that he will apply to have the judgment set aside. What would be the reason he doesn't know?
They charge £60 which is actually the direct cost to escalate the debt to the High Court, and get a writ of enforcement.
Their solicitors do all the paperwork for you, and just keep you in the loop when they've got the writ in hand, and when they are likely to enforce. Their costs come from the debtor on top of the judgment.
Do not use the county court bailiffs, they have a fraction of the powers the high court ones have.
The only problem is that if you believe that the solicitor doesn't know, then all that will happen is that he will apply to have the judgment set aside. What would be the reason he doesn't know?
He can apply to have the judgement set aside but the Sheriffs will have either had money or goods to the value off him by then. The money may be frozen in the Sheriffs account until a further hearing.
Alternatively the Law Society will take a very dim view of one of their members having an unpaid court order against them. I'd try stirring that pot too.
Alternatively the Law Society will take a very dim view of one of their members having an unpaid court order against them. I'd try stirring that pot too.
elanfan said:
He can apply to have the judgement set aside but the Sheriffs will have either had money or goods to the value off him by then. The money may be frozen in the Sheriffs account until a further hearing.
Alternatively the Law Society will take a very dim view of one of their members having an unpaid court order against them. I'd try stirring that pot too.
Possibly. The law changed earlier this year.Alternatively the Law Society will take a very dim view of one of their members having an unpaid court order against them. I'd try stirring that pot too.
Bailiffs now have to send written warning of attendance.
What happened in my case is that the hearing date to set judgment aside arrived in writing 24 hours before the first date it could be enforced.
There's also the factor that there may be no assets at the address noted.
Get the judgement claim transferred up to the High Court for enforcement by the Sheriff's office (the one you've seen on TV). It's easy peasy - see http://thesheriffsoffice.com/high-court-enforcemen... for details, they are really helpful and it will only cost you £60 which will be added to the claim.
I did it to enforce a CCJ against a local council, who hadn't paid me following judgement as their admin was / is atrocious. Got paid very quickly once Sheriff involved.
I did it to enforce a CCJ against a local council, who hadn't paid me following judgement as their admin was / is atrocious. Got paid very quickly once Sheriff involved.
JustinP1 said:
elanfan said:
He can apply to have the judgement set aside but the Sheriffs will have either had money or goods to the value off him by then. The money may be frozen in the Sheriffs account until a further hearing.
Alternatively the Law Society will take a very dim view of one of their members having an unpaid court order against them. I'd try stirring that pot too.
Possibly. The law changed earlier this year.Alternatively the Law Society will take a very dim view of one of their members having an unpaid court order against them. I'd try stirring that pot too.
Bailiffs now have to send written warning of attendance.
https://www.nationaldebtline.org/EW/factsheets/Pag...If it relies on someone turning up and attempting to seize goods, even the High Court route looks a bit pointless. I think that I will haave to go for a Statutory Demand and Bankruptcy proceddings, even if it costs a few quid. As a solicitor, bankruptcy is not a great option for him.
rlw said:
If it relies on someone turning up and attempting to seize goods, even the High Court route looks a bit pointless. I think that I will haave to go for a Statutory Demand and Bankruptcy proceddings, even if it costs a few quid. As a solicitor, bankruptcy is not a great option for him.
I owned / managed a recruitment firm for the legal profession for over 20 years so had several occasions where particularly sole practice solicitors did not want to pay our fees.You are on the right track with stat demand / bankruptcy. Also worth telling that if he does not pay in 7 days you will write to the law society as he 'appears to be unable to pay his bills as and when they become due'.
If you need I also have a cheap independent debt recovery lawyer who I used to use for cases against law firms. PM me if you would like contact details.
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