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Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I am owed several thousand pounds by a couple who are now divorcing.

Customer Question

I am owed several thousand pounds by a couple who are now divorcing. Both have declared their debt to me in their paperwork to the Court. I was going to try for a charge against 1 of their properties which will be sold for the divorce settlement.I have now been told by one party that
all outstanding mortgages & debts are paid via the Court/ solicitors BEFORE a financial settlement is reached for the divorce settlement between husband & wife. There is money to spare after mortgage payments etc. have been deducted.I would not need to pursue a charge over the properties if this is true?
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
How much are you owed?
Customer: replied 4 years ago.

£100,000 one hundred thousand pounds

Expert:  Stuart J replied 4 years ago.






So the couple have agreed to
pay you?



Do you know which solicitors
they are using for the property sale?



Will they agree to give you a
charge voluntarily?



I can tell you that payment is
not automatic via court!

Expert:  Stuart J replied 4 years ago.
PS

at this stage, they can simply
take all the money and run!

Customer: replied 4 years ago.

What can I do?

Expert:  Stuart J replied 4 years ago.

Please see my earlier post.

So the couple have agreed to
pay you?

Do you know which solicitors
they are using for the property sale?



Will they agree to give you a
charge voluntarily?

Stuart J and 4 other Law Specialists are ready to help you
Customer: replied 4 years ago.

Further Question What are my options, what can I do if the couple will not voluntarily give me a charge over a property?

Expert:  Stuart J replied 4 years ago.





You have to sue them and get judgement and then apply for
a charging order.

or

You could issue a statutory demand and petition for bankruptcy.

Quicker and cheaper