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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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I am being counter sued as a part 20 defendant in a civil action.

Customer Question

I am being counter sued as a part 20 defendant in a civil action. If we lose the case can I be forced to sell my home and my business to pay the claim and legal costs. This would leave me homeless and without my main source of income and the sales would only cover about a quarter of the anticipated costs.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
I want to know if I can be forced to sell my home and business if we lose the case
Expert:  Jo C. replied 2 years ago.
You can ultimately I'm afraid.
Courts will not do that lightly. You will be given every opportunity to make payment in some other way. However, in the long run, if no effort is made to repayment the amounts or they are insufficient sums then they can make an application for an order for sale.
If this is a standard action then they will get a CCJ. If you don't pay that then they will seek a charge upon your house and then an order for sale.
It does take a very long time though before the court will force sale of a residential home.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Does that mean I would be given time to pay in instalments
Would I be able to keep my business as it is the only way of generating an income to pay the installments
Expert:  Jo C. replied 2 years ago.
That would be the court's preference. It is for you to make that application and you would need to offer a reasonable repayment amount.