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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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My debtor will not open the door for the bailiffs to serve

Customer Question

My debtor will not open the door for the bailiffs to serve an order to attend a court hearing. The case was judged in my favour in a Small Claims Court. How to instruct the court, when an Attachment of Earnings order is no longer the best way to recover debt for reason of lack of information about the defendant's source of income? I have obtained a photograph for the bailiffs to recognise the defendant.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Why can't the bailiff just post it through the letter box?
Customer: replied 3 years ago.

First: the website (Just answer uk) doesn't recognise my email address:[email protected]


Second: the bailiff isn't allowed to put the order to attend court through the letter box. He must hand it to him after the person identifies himself.

Expert:  Jo C. replied 3 years ago.
Are you in the UK?

Summonses are regularly sent out by post.
Customer: replied 3 years ago.

Yes, I am in the UK. I have spoken to the bailiffs and this is what they told me. Pretty hopeless. The debtor had received letters from the court asking to pay me money back or something to that effect, so he was forewarned. If he does not let them in, identify himself, they are powerless. They can't force themselves in.

Expert:  Jo C. replied 3 years ago.
I see. Its not a summons. This is an enforcement issue.

Bailiffs can actually get orders to break in but there is no point. People don't keep high value stuff in their property. The bailiffs really should be pursuing his vehicle if he has one.

Bailiffs can always wait outside for a debtor to come out. He will in the end. They may not want to do that but they can.

The other alternative is to seek a charging order upon his house if does own one. That doesn't get you the money immediately but it does secure it up and gives you an option to apply for an order for sale.

it is certainly right that refusing to open his door is going to slow down the collection procedure but, in the end, bailiffs are your only option. If he is being unclear about his means and position then there is no point in a collection order or in a garnishing order.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.

He does not own the house he lives in. The car is likely registered not in his name. What to do next?

Customer: replied 3 years ago.

The house isn't his. The car may not be either. What next?

Expert:  Jo C. replied 3 years ago.
Then its a case of trying to enforce against any assets he may have.

The only other alternative is a third party debt order.
Customer: replied 3 years ago.

What is a third party debt order?

Expert:  Jo C. replied 3 years ago.
Its where you require a third party - like the debtors bank - to pay the judgement. Here

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72
Customer: replied 3 years ago.

How can I possibly know which bank he holds his money in. He is a Nigerian citizen and might hold his money there. If he even comes to court he might not disclose this. I only know which bank from his cheque bounced from.

Expert:  Jo C. replied 3 years ago.
Yes, that is the difficulty. That is always supposing he doesn't just empty the account.

But if the bailiffs are failing then its your only option
Customer: replied 3 years ago.

How do I instruct the court when I receive the form them. The attachment of earnings order is no use and I have to ask the court precisely what I want to happen next. They don't advise.

Expert:  Jo C. replied 3 years ago.
I'm not sure what you mean?
Customer: replied 3 years ago.

His source of income is not known. His wife works as a care assistant, but whether he has an employer is not known. He might only run an illegal export business of used electrical goods to Nigeria from a container park. That is all I know. If he does not have an employer then an attachment of earnings order is no good. He has plenty of cash -he was seen with wads of money not long ago.

Customer: replied 3 years ago.
Relist: Incomplete answer.
Need to know how to instruct the court and bailiffs to recover my debt. The court is not helpful with any advice.
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

You can apply to the Court for what is called substituted service. That is posting through the front door is enough.

You need to make a formal application using form N244:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

There is a Court fee to pay, but the Court can Order that it be posted through the letterbox, for example.

Can I clarify anything for you?

Alex

Customer: replied 3 years ago.

Is that form exclusively for a substituted service?

Expert:  Ash replied 3 years ago.
No, its a generally application form.

But you need substituted service because the Order to Obtain information has to be served personally.

Alex

Customer: replied 3 years ago.

If this is posted through his letter box and just ignored by him, what will happen next? No new information on his circumstances will have been revealed.

Expert:  Ash replied 3 years ago.
If you have made an application and the Court approves this method then then next step would be to issue a suspended committal order.

If you have not made an application then the Court will adjourn it for you to serve it personally.

Alex

Customer: replied 3 years ago.

On approval of substituted service does the court automatically issue a suspended committal order?


Posting form N244 will involve a fee-how much?


If approved, issuing a suspended committal order is another separate process with a different form and another fee-how much?


Is this a 2 step 2 fees best option or have I misunderstood?

Customer: replied 3 years ago.
Relist: Incomplete answer.
Need to know the fee for substituted service and if suspended committal is a separate process
Expert:  Ash replied 3 years ago.
No.

You pay a fee of £50.

The court will only granted a suspended committal order once satisfied the original order has been served or posted.

Alex

Customer: replied 3 years ago.

How long will it take process? Days or weeks? Do I send a cheque to court? Is the form difficult to fill in? I already have it.

Expert:  Ash replied 3 years ago.
Yes you send the cheque to the court, no the form is not hard to fill in.

It can take anywhere from a week to a month to get considered.

Alex

Customer: replied 3 years ago.

On form N224 there is mentioned a draft of the order one is applying for as an attachment, which I haven't got.

What should that contain?

Form asks for method of application by which it is to be dealt with ie.,

at a hearing or without or at a telephone hearing. which option is right?

Form asks how long the hearing will last( hours or minutes?). I don't know, so what to tick?

Form asks for any fixed trial data or period details. Again I don't know, so what to write?

Form asks what level of Judge the hearing needs. Again I don't know, so what to write?

The form looks easy, but it is not to me!

I would appreciate guidance on this.

Customer: replied 3 years ago.

What should a draft of the order contain and is it necessary?

Customer: replied 3 years ago.
Relist: Incomplete answer.
I need guidance with filling form N244 on applying for a substituted service order to the Small Claims Court wit the view of being granted a suspended committal order.
Customer: replied 3 years ago.
Relist: Incomplete answer.
I need guidance with filling form N244 on applying for a substituted service order to the Small Claims Court wit the view of being granted a suspended committal order.
Customer: replied 3 years ago.
Relist: Other.
I need guidance with filling form N244 on applying for a substituted service order to the Small Claims Court wit the view of being granted a suspended committal order.
Customer: replied 3 years ago.
Relist: Other.
I need guidance with filling form N244 on applying for a substituted service order to the Small Claims Court wit the view of being granted a suspended committal order.
Expert:  Ash replied 3 years ago.
I have already answered the question which was about the process.

If you need to know how to fill out the form, that is a new question which I would gladly help with if you post for my attention.

However until you leave feedback I am not credited for my time.

Alex

Expert:  Ash replied 3 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/