How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

A judgement was made and the defendant does not pay what can

Resolved Question:

A judgement was made and the defendant does not pay what can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 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 :

May I ask the amount the judgement was for and the date it was made please?

Customer: The judgement was first made for 75000 with interest at 8 per cent, payment was offered at £500 per month but never paid, we went back to court in 2012 where the Grady's had to complete a breakdown of income and expenditure. Again an offer of £500 was made and I accepted, the court made a variation to an order. Payment were made for three months the, 2 missed, then one made and one missed. It feels to me that nothing I do carries any weight and I am no nearer getting back my money. The debt owed will now be way excess of £85k, thoroughly fed ip
Joshua :

Thank you - sorry I see you posted the amount of the judgement in your additional information. When I first viewed the questions. I was doing so on my phone and I could not see that information. Many thanks.

What do you know of the defendants circumstances? Does he for example have a house, or income?

Joshua :

I bnote you have a charge on his business premises.

Customer: Yes, the business is a children's nursery, they are both directors, she has a teachers pension of around £500 per month he has a pension and some income as a vicar
Joshua :

Thanks. Finally do you have judgement against the limited company or them as individuals?

Customer: Both
Joshua :

Thanks. There are a wide variety of options available to you. There is no universal option that will be correct for all circumstances. With your permission I will outline the options available to you.

Joshua :

an attachment of earnings order (deductions from wages), a third party debt order (usually used to freeze money in bank or building society accounts), a charging order (a charge on land or property owned by a debtor). One of the most common approaches to is to instruct bailiffs to seize goods to enable the debt to be paid but this is unlikely to assist much on a debt od this size.


All of these orders have their advantages and disadvantages; if they have money in a bank account, you could apply for a third party debt order to order the bank to make payment to you directly or you could if they own their own house on their own or jointly, apply to place a charging order on the property would ensure that you are paid perhaps not now but at least at a point in the future when they come to remortgage or sell the property.

Joshua :

It is also possible to apply for an order for information to force the debtor to appear before the court to give a full account of their financial circumstances so that you can best decide how to recover the money from them.

Joshua :

You could alternatively go for a nuclear option of bankruptcy. This is a calculated gambit. It is of no use if they have insufficient solvency to pay you the debt - ie. they have other creditors. However if they are solvent and / or are sufficiently motivated and have access to credit or solvency in order to make payment in order to avoid bankruptcy it can be an effective measure. What is more you can serve a statutory demand (the first step to bankruptcy proceedings), without cost, on them which can often be sufficient to wake them up and make the cooperate. In this sense the first step is essentially no risk to you as it costs nothing to do.

Joshua :

You can obtain the forms you need to do so here:
https://www.gov.uk/statutory-demands/overview

Joshua :

If they are suffuiciently solvent then their property will be forced to be sold as well as all other assets liquidated sufficiently to pay you off. However the important thing to appreciate is that you will be treated no better than any other creditor under bankruptcy and so this is why it is important to satisify yourself that they have sufficient solvency as the second step of actually making them bankrupt will not leave you much change from £1000 after court and insolvency service fees.

Joshua :

Is there anything above I can clarify for you or give you more information upon?

Customer: That's very helpful, thank you
Joshua :

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

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions