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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I sold my business to someone who with held a £5000 retention

Resolved Question:

I sold my business to someone who with held a £5000 retention agreed in the Sales Contract, plus an invoice for goods. The £5000 is held in a Solicitors Account. The Court awarded me the whole amount, £6422, but payment has not been made. If I attempt to recover the debt using the High Court Sheriff, and they are unsuccessful, can I then go back to court to secure a Third Party Debt Order on the Solicitor holding the majority of the money. Your advice would be appreciated. Many Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Yes you can get a third party debt order, or indeed if the debtor owns land then you can get a secure charge on any property owned.
But if the Solicitor is holding it in an account then you can get a Third Party debt Order in that sum.
The form is here:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n349-eng.pdf
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
I need to confirm, that I can still apply for a Third Party Debt Order after the High Court Sheriff has attempted to recover the debt, and failed.
Expert:  Ash replied 2 years ago.
Yes.
It does not prevent you using other enforcement methods.
Does that help?
Alex
Customer: replied 2 years ago.
Many Thanks.
Expert:  Ash replied 2 years ago.
Happy to help.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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