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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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With regards ***** ***** Orders. I intend to use N316 / N316A

Resolved Question:

With regards ***** ***** Orders. I intend to use N316 / N316A to find out about both defendants assets. Can you also make a Court Order to summon the defendant to Court so that the Court tells the defendant(s) to pay what they owe. Sorry about the wording, but hopefully you know what I mean.
Pete
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Pete and thanks for the question as always

Alex Watts :

No you cant demand they attend Court for that.

Alex Watts :

A debt, although a Court order can only be enforced as we have discussed previously

Alex Watts :

There is a thing called a Judgment Summons

Alex Watts :

You can read about that here:

Alex Watts :

http://en.wikipedia.org/wiki/Judgment_summons

Alex Watts :

The problem with this though is if the Court commits to prison, the debt is written off

Alex Watts :

Therefore you should chose one of the other enforcement methods so the debt does not get written off

Alex Watts :

Can I clarify anything for you?

Customer:

ok thanks. Will have a read. Will be no doubt back with more questions. Actually if Prison is a route ..... that is perfect as the debt is a principle thing. This Guy has conned my 99 years of age Grandmother in law of a substantial amount of her life savings. I do not believe he has the assets to pay the debt back but need to find that out. I want to prevent / make it hard for him to do this to others. Him in prison ideally bunking with the Prison Big Guy would strangely make me (on behalf of the claimant) very satisfied.

Customer:

So can I go through the N316 / N316A route and then if I feel it is appropriate potentially embark on the Judgement Summons?

Customer:

I have been banging hard on the door of the Police and Fraud Action. In parallel the Police before Christmas arrested the defendant, questioned him, seized a couple of computers and the Officer then constructed his brief/evidence and has submitted it to the department that decides whether there is enough to go on to prosecute (cant remember name). So if the police were to prosecute and the defendant was found guilty and maybe sentenced to Prison. Does this also write the debt off or does the debt still stand?

Alex Watts : If he is sent to prison and it's unlikely he would be, the debt would be written off and no longer recoverable.
Alex Watts : The police can proscute as it does not stop any criminal proceedings
Alex Watts : Does that help?
Customer:

Oh so if I went down the Judgement Summons route and Prison is an unlikely outcome what would the Court Potentially find? Would it put in place a debt re-payment schedule profile or something? Presumably the court would need to do something? Is there a likely scenario?

Customer:

Actually if the N316 route revealed some 'worth' would a follow on Judgement Summons reflect on this and then demand that the defendant pays the debt in some manner?

Customer:

If it transpires that there is a piece of land belonging to the defendant(s) then I can go done the 'Charge' route. In this scenario would a Judgement Summons result in an instruction that the defendant must sell the land?

Alex Watts : The debtor has to give evidence on oath. The court will then reassess any repsyment plan
Alex Watts : No a judgment summons would not.
Alex Watts : if you want to sell the land you must get a charge in property then order or sale
Alex Watts : I would avoid a judgment summons all together
Alex Watts : Does that clsrify?
Customer:

Yes. thanks again. My strategy is going to be N316 / N316A followed by Land Charge if appropriate. Many thanks for your input. Pete

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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