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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Good morning, I have taken a woman to court as she owes me

Resolved Question:

Good morning, I have taken a woman to court as she owes me money for child care,each time we get to court,this is the second time, she puts in her side of things just a few hours before the hearing is this legal?

We reached an agreement with mediation which she then broke by making other deductions,she eventually sent me a cheque which she then stopped, I took the case back to court, the judge said she should pay me, she pleaded poverty,on benefits etc but eventually said she would pay £10 per month,this would take 4 yrs to pay off so I said no, the judge ruled that the case goes to trial.

What do you suggest I do to?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

How much is owed please?

Joshua :

From what you say she has admitted that she owes the money - is this correct please?

Joshua :

If so has she done so in writing or in some recorded form of evidence?

Customer: £380
Customer: Yes she has during mediation, it's getting it from her that's the problem
Joshua :

Thanks. From what you say it will probably be as well to go to trial in order to obtain a judgement against her. She may be keen to pay at that stage within 28 days to avoid a CCJ being entered on her credit file for six years. However if not you can then take enforcement action against her to recover.

Joshua :

There are a variety of options but if she is employed and earns sufficient to enable him to repay the debt gradually you may consider an attachment of earnings order. This is an order which is sent to her employer with an order to pay you a fixed sum (determined by the court) from her income each month until the debt is repaid.

Joshua :

There are other method. One of the most common approaches to is to instruct bailiffs to seize goods to enable the debt to be paid. If she owns property you can request a charging order (a charge on land or property owned by a debtor). If she has money in a bank account, you could apply for a third party debt order to order the bank to make payment to you directly.

Joshua :

If you need more information in order to decide how best to proceed, you can request an order for her to attend court to provide evidence in respect of her financial circumstances under oath.

Joshua :

The best method of enforcement very much depends upon your knowledge of her circumstances. However a CCJ alone will significantly impact her credit record for up to 6 years and this alone can persuade many people to pay

Customer: So can I ask that she pays in full even if she doesn't have the means too.
Joshua :

Yes this is what the court will likely order though if she ignores the order and you have to enforce against her you cannot get from her what she genuinely does not have. Providing she has some assets though you can decide upon the best method of enforcement from the above selection

Customer: so when the court rules in my favour she gets an automatic CCJ?
Customer: She has a mortgage
Joshua :

Not quite. The court will make an order that she pays within normally 28 days. If she complies with the order then that is the end of the matter and no CCJis entered. If she doesn't though a CCJ is recorded and you can then take enforcement action. Obviously you can also claim costs in respect of court fees etc and any lost income in attending the hearing up to £90.

Customer: Sorry Joshua, will she be ordered to pay all of it at once, or can she then offer just £10 per month for example?
Joshua :

The court order will order her to pay the entire debt. If she refuses then a CCJ will be entered and you will have to take enforcement action to recover. If it goes to enforcement then you will have to find the best way of recovering from the above selection This depends on her circumstances. If she has no assets then one option may be a small monthly deduction from income as you suggest, but hopefully she will not be as poverty stricken as she claims and you will be able to take enforcement action that results in repayment quicker or in one go.

Joshua :

Remember in any event you can charge interest on the amount outstanding at 8% per year under s69 County Courts Act.

Joshua :

Is there anything above I can clarify for you?

Customer: No that all sounds good to me, thank you for your help. Jan
Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

Good luck with your claim against her. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Customer: Is all this info saved into my account?
Joshua :

Yes - if you have no further questions for now when you supply some feedback using the smiley faces the entire thread saves to your account and you can return to it from your customer home page at any time if you have any follow up questions.

Customer: Thank you
Joshua :

Best wishes

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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