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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25437
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I've just received judgment against tivium ltd,

Resolved Question:

i've just received judgment for claimant against tivium ltd, for £334.00, because they did not reply to the claim form. is the next step a "warrant of control". this costs £100.
frank hewson in hull, east yorkshire.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask what you consider would be the best way to recover monies from the debtor please? Do you believe they have assets or stock bailiffs could seize or do you have their bank account details from previous dealings from which you could claim the monies directly using a court order?
Customer: replied 2 years ago.

i don't have any of the above. i just wondered whether i should go for a warrant of control, bearing in mind it would cost me £100.

Expert:  Joshua replied 2 years ago.
Thanks. there are a variety of enforcement methods available to you, such as bailiffs however there are other approaches as well such as a third party debt order (for which you would need to know their bank details in order to obtain a court order to deduct monies direct from their bank), a charging order (to place a charge on premises owned) and so on. A warrant of control is a very popular approach to enforcing a judgement debt but as you say the cost is substantial for smaller debts. Therefore it is sensible to consider contacting the debtor first before you apply for enforcement to ask them if they propose to pay voluntarily within say 10 days failing which you will have little option but to apply for enforcement and costs. This can be partiuclarly useful when trying to enforce a default judgement because people judgements can be relatively fragile to applications by the debtor to set aside the judgement they can apply to set aside the judgement of the claim that they did not receive claim papers and they have a reasonable prospect of a defence may have acted promptly to make the application though they have to pay £155 to make the application so on the question whether it would be worthwhile doing so here. you do not have to contact them however before seeking enforcement and you can add the cost of the court fee for applying for enforcement under a warrant of control to the total amount of your claim. A warrant of control will often be a claimants default option to enforce a debt though if unsuccessful other approaches can be taken. Note that you must wait for the date they are ordered to pay the debt in the judgement to pass before you apply for a warrant of control. As I'm sure you are aware, you can apply for a warrant either using the below form or if you issued using the online moneyclaim website, you can apply using that service instead:http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n323-eng.pdf If you issued online then the cost of applying for a warrant is £70. If you issued on paper rather than online, the cost is £100 as you say. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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