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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Having just issued Judgement and Execution (commercial) in

Customer Question

Having just issued Judgement and Execution (commercial) in an un-disputed debt of over £5K, I have immediately back-pedalled and cancelled the execution part because, having read into it more, I suspect we will be even more out of pocket than we are already. What I am wondering is whether a Garnishee Order over the debtor's Bank Account - would work for us...
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

Was there an oral examination of the debtors circumstances?
Customer: replied 3 years ago.

Hi Alex


 


By me or the court?

Expert:  Alice H replied 3 years ago.
Hi

I suggest you consider applying for an oral examination of the defendant before deciding the next steps.

The form is N316:
http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=547

A fee is payable.

The benefit of the route is: a) non attendance is contempt of court punishable with fine or imprisonment b) when the debtor attends he must produce details of all his income, assets, savings etc.

On receipt of this information you can decide how best to recoup your money.

The alternative is your suggestion which, by the way, is called a third party debt order: form N349.
http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=573

The downside to a third party debt order is that unless you get the correct bank and know there is money the application might be a waste of time.

I hope this helps.

Alex


Customer: replied 3 years ago.

Hi Alex


 


Thanks for your answer which is very helpful, thank you.


 


We have just had notice that the court have rejected the application for judgment becasue the defendent has submitted an acknowledegment of service and intends to defend the whole claim. They have submitted their defence now and a counter claim. I have read it and it seems unlikely to succeed but perhaps they are trying to fighten us off.


 


It seems we need to fight the case at great cost in order to defend our reputation. What are our options now?

Expert:  Alice H replied 3 years ago.
OK. Maybe I misunderstood but I thought you already had judgment against him? Can I also just confirm the proceedings are in England&Wales? If so do you now know on what basis the defendant is defending the proceedings.
Customer: replied 3 years ago.

Hi Alex


They are in England and they are alleging that the goods/services provided were not as originally quoted (ie that they don't function as originally agreed). They are the subject of a payment plan which they paid 3 of 6 payments as per the agreement. None of the invoices in the plan have been disputed until this point. The invoices on the plan date back to no later than 31/08/12 and as far back as 17/02/12. Some of the invoices they are raising in dispute are not even in the plan.

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