Small claims court procedure.
Discussion
Hi guys.
Few weeks on from my previous thread http://www.pistonheads.com/gassing/topic.asp?h=0&a... we have some progress albeit not neccessarily good.
After hearing nothing I threatened him with court. This shook him up and he has done all he can to try and sort some money and scraped together 150 quid but cannot pay the rest.
Before I decide what to do can i get a few facts together.
If I took him to small claims and have a signed reciept and a number of texts from him confirming he owes me it said amount will i win?
secondly if he does have no money what will be the consequences. will i get paid when he gets some or will he get off scot free?
based on the above i assume they may sieze some of his assets ie car. if he signs all this over to someone else before hand where do i stand in recouping my money?
any other advise (scare mongery) i can put upon him before this go to court. I would really like to settle out of court so a bit of scaring might do the trick....
ta
Few weeks on from my previous thread http://www.pistonheads.com/gassing/topic.asp?h=0&a... we have some progress albeit not neccessarily good.
After hearing nothing I threatened him with court. This shook him up and he has done all he can to try and sort some money and scraped together 150 quid but cannot pay the rest.
Before I decide what to do can i get a few facts together.
If I took him to small claims and have a signed reciept and a number of texts from him confirming he owes me it said amount will i win?
secondly if he does have no money what will be the consequences. will i get paid when he gets some or will he get off scot free?
based on the above i assume they may sieze some of his assets ie car. if he signs all this over to someone else before hand where do i stand in recouping my money?
any other advise (scare mongery) i can put upon him before this go to court. I would really like to settle out of court so a bit of scaring might do the trick....
ta
Dogwatch said:
In my experience (twice but a while back) winning does not mean you'll get the money. If he pays up (one did), fine. If he can't or won't (one didn't) then leave it at that. The bailiffs were a waste of space as they had few powers and weren't worth the money.
Agree, the OP can only decide if it is worth throwing good money after bad, with the court attempting so often to assist the debtor, rather than the creditor.Well, if the car is registered to him, in theory the Bailiff can clamp it until he pays up (If it is necessary for his job however, that won't be so good). Then does he own a house? Or Rent? Does he have any assets which you know of which are not necessities (i.e. a TV/PVR/Computer) which can be auctioned.......
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