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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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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: 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 :

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 and other Law Specialists are ready to help you

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