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 Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

, I have applied to have a CCJ issued, 6 years to the

Customer Question

Hello,
I have applied to have a CCJ issued, 6 years to the day of last acknowledgement from the defendant, however the date of issue is the following day, is this considered statute time barred or does the court allow some days grace?
Many thanks,
Ian.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Ian my name is ***** ***** I will help you with this.

Alex Watts :

Usually the time limit is 6 years LESS one day

Alex Watts :

So if it is 5th May 2000, so longer 4th May 2006

Alex Watts :

Therefore if you are out of time then you need to apply to the court for an extension of time from when the debt was last admitted.

Alex Watts :

In reality this is very hard as the court will say, well you have had 6 years, so why has it taken so long?

Alex Watts :

There is a discretion in the Limitation Act 1980

Alex Watts :

But there has to be a very good reason, ie you were in a coma

Alex Watts :

But if you have just not got around to issuing then you can try, but if it is raised a defence then your claim may well be barred.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-u1ki2ftl- :

No, thank you for your help.

Alex Watts :

Great. If I could invite you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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