Hi there, The history is that I attended the initial hearing in Birmingham when judgement was given in my favour. The defendant has not attended any hearing - although it was transferred back to Blackpool (his home town) All other communication with the the Court has been by correspondence. What I need to know is the law in relation to a defendant who has died I have the benefit of a Interim Charging Order and therefore why should it not be made Final just because he has died? I need to write back to the Court in this vein and need to know the law in this regard. His daughter (who advised me of his death after the hearing) is now I believe his personal representative.
If the Court decide that the final charging order cannot be relied upon - what remedy do I have to protect the debt? Can I put a caveat on the deceased's estate - and if so how do I go about that?
Yes, but how do I ensure it is paid from the estate? How do I protect my interest?
Hi again. Should I just write to the personal representative (Miss M. Neiman - daughter) - who I assume is challenging the Final Charging Order - and advise her that she is obligated to pay as part of the probate otherwise I can sue her directly?