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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I lent my brother £7000 over 2 years ago in 2 instalments.

Resolved Question:

I lent my brother £7000 over 2 years ago in 2 instalments. I started asking for it back last April and have asked every month. can I take him to small claims court or am I best getting a high court sheriff to get my money back. he is self employed and initial it was to pay the vat man then the rest was to pay a bill
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

What is the HC Sheriff after him for?

Customer:

don't know he wont say

Ben Jones :

You can’t get a HC enforcement officer on the case until you have a court judgment against him so you are not able to do that straight away. You would need to sue him first, obtain judgment in your favour and then you can engage enforcement officers to pursue the debt under the judgment. So if you want to take the matter further you would need to take the matter to the small claims court, win, and then try to enforce the judgment against him. That would allow you to consider a number of options to enforce it, such as bailiffs, attachment of earnings order, etc

Customer:

wot are the chances of retrieving my money do u think

Ben Jones :

impossible to say - depends on his assets, his how cooperative or evasive he is, and so on - each situations depends on its own circumstances so it is never ever possible to give you a general yes/no answer as to whether you will be successful

Customer:

thanks for your help

Ben Jones :

you are most welcome, all the best

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