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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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W In the multi-track case with my builder I want

Resolved Question:

For Alex W
In the multi-track case with my builder I want to make sure that we are not going through all the effort to discover that he/his company do not have money to settle the damages awarded
How can I use the court process to verify/establish solvency early on?
Submitted: 2 years ago.
Category: Law
Expert:  Michael Holly replied 2 years ago.

Once you have the judgment this can be done by having the judgment debtor attend court for an oral examination by a court officer of their financial position. Whilst not a direct method of enforcement the debtor is pressured into putting proposals for payment so it is usually very effective.

At this stage you could apply for the builder to pay money into court to abide the outcome of the case but there has to be some evidence in support of the suspicion that he cannot pay. Another way would be to get an enquiry agent to check his financial position. Most can do this so shop around. The cost is usually £300- 400.

You are unlikely to recover this cost in the proceedings but doing it could save you throwing good money after bad.

I hope this helps. If there are any further points please reply

Best wishes

Michael

Customer: replied 2 years ago.

The Q says - "for alex w"- so why are you replying?

Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Ash replied 2 years ago.
Hello and thanks for requesting me.
You want to find out BEFORE Court if there are assets?
Is it Ltd company or sole trader?
Customer: replied 2 years ago.

Ltd comany

Expert:  Ash replied 2 years ago.
Sadly all you can do is download the Company's accounts.
They can be found here:
www.companies-house.gov.uk/info
You can't otherwise check I am afraid, only what is available to the public
Can I clarify anything for you about this today please
Alex
Customer: replied 2 years ago.

this cannot be made a subject at cmc?

Expert:  Ash replied 2 years ago.
No.
It makes no difference whether or not there are assets.
If you want security for costs you need to make an application.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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