How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Judge Your Own Question

Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32958
Experience:  Over 25 years experience in law
27487359
Type Your Law Question Here...
Thomas Judge is online now

Can some one tell me my position and wether i can make recourse,my

Resolved Question:

Hi can some one tell me my position and wether i can make recourse,my husband incurred a debt through a business matter in his sole name, the claimant went on to obtain a final charging order against our jointly owned home- as my husband did and still feels the claimant was in the wrong he has chosen to not pay the money being demanded by the solicitor-£2300.He also took legal advise and senior advise at land registry as to the order and its impact-it was advised that the order being against him self alone but the property being in both names the order could only be a marker on land registry of which at the point of sale the claimants agents would have to be legally informed,however this still would not mean the compulsory repayment of funds from sale proceeds,we still believe this is the same position as the solicitor never moves further on with his intended action-each year my husband and i get the same letter from the solicitors threatening me with an application to obtain a possession order against the property and evict me-they issue this letter as "part55 14 day notice "I'm aware of the need to give notice before action- but as no action is ever taken is this a form of harassment to an innocent party-i was present at the hearing to obtain the final charging order- and approached the judge on my position on the point of me being evicted and he assured me in front of the claimant that there could be no evicting me as i am the joint owner and nothing to do with the debt,though i get these threats each year- this years letter states that as one year has past they are fully in a position to carry out there proposed action and evict- my questions are they able under such ruling that I'm not aware of ?and secondly if this is just there yearly worry tac tic have a way of stopping them? i have wrote to them in the past to ask them to stop but it always comes to no avail,Is there a more onerous way of legal stopping them.
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
They are allowed to write such letters and indeed they are technically allowed to apply to the court for an order for sale. However the court will not (as the DJ mentioned before) agree to the order for sale where the property is owned as joint tenants. That's why it's really important for all joint owners to go to the court hearing for the order for sale, so they can explain their situation.I would imagine that they are trying to exert pressure in an attempt to get the debt paid -it may well be worth having a chat with your partner to try and reach a compromise to bring this matter to a head. After all the debt is not going away. I hope that helps - please remember to rate positive.
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32958
Experience: Over 25 years experience in law
Thomas Judge and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice