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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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FAO Alex Watts Alex The defendant (an officer of the

Resolved Question:

FAO Alex Watts
Hello Alex
The defendant (an officer of the company), who has had judgement made against it will in due course be required to attend court for questioning regarding finances. I know that the defendant will not bring the necessary documentation that is required for him to prove matters to the Court Officer. He will do this on purpose to frustrate the process. I know this as it has been a very long journey to get him here and we had a postponed attempt at this meeting where he presented a letter from a bank concerning the dissolution (subsequently suspended) of the company as a reason why he cannot answer questions. He is trying to make himself remote from the claim and judgement made. On the day I believe that he will purposely not have all the information to hand.
I intend to write a letter to the defendant explain things and include the forms that the Court Officer will use as the basis of questioning so that he has these in advance, such that I can prove that he was informed of the scope of the questioning and the need to bring evidence. I want to endeavour to remove the excuses of ignorance that he is likely to offer.
My questions are:
1. I read somewhere that sometimes a judge as opposed to a Court Officer may do the questioning. For many reasons I think this would be preferable. How can/should I try and get a Judge involved?
2. If the information provided by the defendant is vague and incomplete with lack of back up documentation what happens next?
3. I have some vague financial information form the defendant, listing specific company assets and value. During the questioning should he not divulge relevant information on these what should I do?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** thanks for asking for me.
1. Really a Judge wont get involved unless its fraud.
2. You can ask the Court to make an order for disclosure of documents. You can also be present and ask questions to D.
3. Yes he should
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

1. It is extracting money from an elderly lady. I understand Fraud is doing this without her knowing but the defendant befriended and supported her in surrendering her life savings and writing 2 cheques to him. I presume I could request a judge, giving the background?

2. At a pre-meeting to the postponed court questioning the Court Officer advised me that I was their in a listening only capacity... or at least that is how I took her comments? So to confirm I am able at the appropriate time with the Court Officers permission to introduce themes of financial questioning for him / her to ask of the defendant if I believe there is something he is not divulging?

3. If the questioning becomes a mockery ie the Defendant really is frustrating the process and not offering information or only partially covering financial questions ie a complete picture is not provided by the defendant, what happens next? Is that it or do I have a follow up course of action to make him reveal the detail required?

Expert:  Ash replied 1 year ago.
1. In reality I dont think you would get a Judge to do it. You can try and make an application but its unlikely.
2. You can ask questions which are the ones previously submitted. You can only ask questions related to the ones submitted.
3. You can then apply to the Court for contempt proceedings if you can show he has lied.
Does that help?
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

that's great, many thanks


Expert:  Ash replied 1 year ago.
Good luck!
If this answers your question could I invite you rate my answer before you leave today.
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Expert:  Ash replied 1 year ago.

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

If you have not done so already 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.


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