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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am taking someone to the small claims court over a

Resolved Question:

I am taking someone to the small claims court over a constract dispute which I believe is an open and shut case. I of course could be wrong but am most cross with this person who owes one of my workers £950.00 I am upset about the pricinple of the matter
not the actual money ( I know a solicitors worst nightmare client!!!) should I gain judgement and she feels she cannot pay it all at once and wants to come to an arrangement with the court: 1. Will she get a CCJ on her file 2. Can I regect this proposal and
on the back of the judgement (subject to it being granted in my favour) can I issue a statutory demand or bankruptsy proceedings or rather can I instruct my solicitor to do so?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
1) Yes
2) Yes but the limit for bankruptcy goes up to £5000 in October.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
When you say the limit goes up to 5000 in October do you mean the current limit of minimum £750.00 increases to £5000 and under what legislation does this come under.Secondly even if s judge allows and makes an order that for example she pays 20 quid a week can I still override this by issuing a statutory demand? Thanks
Expert:  Ash replied 1 year ago.
Its the bankruptcy limit that has changed by law.
http://www.lawgazette.co.uk/law/government-raises-threshold-for-bankruptcy-petitions/5046030.fullarticle
If its £20 a week then no sadly you can't make them bankrupt as the test is unable to pay debts, so if they miss an instalment then yes, otherwise no.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes that's great thanks Alex. Well done again