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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 846
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Back in*****order was made against me pounds

Resolved Question:

back in*****order was made against me for 400 pounds a month for 2 children and a lump sum payment of 7500 pounds i have paid this and have been paying 400 a month without arears for the past 10 years i have got 2 years of recipts for this money sighnd and dated now for the problem my former partner is taking me back to court for none payment and is trying to claim 48000 pounds i dont have any recipts what can i do
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. I am sorry to hear about the difficulties that you are having with your ex. From your question - I understand that you have 2 years worth of receipts - but you do not have receipts for any payments before this - is this correct? If so, please can you confirm how you were paying? by cash? Kind Regards Caroline
Customer: replied 1 year ago.
the lump sum i paid with a check and after i always paid in cash the 2 years of recipts are from 2005 to 2007 after that things seamed to be good we was talking and being civil towards each other now out of the blue without any warning a bailif has served me with papers to apear in court to answer 10 years of none payment
Expert:  ukfamilysolicitor replied 1 year ago.
Hello I know that this is stating the obvious but you are going to have to prove that you have paid. It certainly helps that you have a record of the cheque payment and receipts for the first two years. Can you logically verify the rest of the payments? say, would you take a lump sum out of your bank each month just before you paid her? has anyone witnessed you handing over the money to her? Kind Regards Caroline
Customer: replied 1 year ago.
somtimes i went to bank to withdraw the money but a lot of the times i had it in my pocket at times somone had witnessed handing over the money and at times when i was working away from home i would leav the money with my mother or my sister and they would go into town and pay her
Customer: replied 1 year ago.
why would any reasonable thinking person think that they would get away with this if it was me i would have done somthing about this after 2 to 3 months if i had not been paying and not after 10 years
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Ok - you need to get as much as this evidence together as you can. Bank statements that correspondence with withdrawals. Statements from your mother and sister as to when you have worked away and when they have handed the money to her on your behalf. Anyone who may have witnessed you handing the money to her. If your ex has applied for a Judgment Summons against you. You need to be aware that A judgment summons is a summons made pursuant to the Debtors Act 1869. It requires a debtor to appear in court. As long as the debtor has, or has had, the means to pay and refuses or neglects to do so, the court may commit the debtor to prison for a maximum period of six weeks. The standard of proof is a criminal standard of proof - this being beyond all reasonable doubt. This is higher than a normal family court standard of proof. The onus of proof starts on your ex to proof the debt is owed. This can be evidenced by a court order. The onus then shifts onto you to prove that you have paid. It is therefore extremely important that you are prepared. If you are looking for representation at the hearing you may want to consider an open access barrister. It saves you the cost of a solicitor and you often get to speak with the barrister about your case in advance of them representing. See this link: Kind Regards Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello I agree with your logic and your ex will need the leave of the court to seek to enforce any debt over 12 months old. Your ex will have to address the Judge in this regard at the hearing. Let me know if I can help you further. Kind Regards ***** ***** you have found this service useful - please kindly remember to rate positively so that we receive credit for helping you today
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