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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33546
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was divorced three years ago and my ex wife has not kept

Resolved Question:

I was divorced three years ago and my ex wife has not kept up with the financial settlement on paying a loan that was agreed and filed with the court. I am now about to issue a county court summons to recover the outstanding payments I have had to make.
My question is di I issue the summons in our old married name as I know she is still using this or do I issue in her maiden name
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
If she has not reverted to using her maiden name then you should issue under the name she is currently using.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** i have dealt with Family Law for 30 years.Before issuing anything you need to check whether you are using the correct process.Do you mean that there is a Financial Order, sealed by the court stating that she make these payments?
Customer: replied 1 year ago.
Yes there is a Financial Order that she makes these payments each month
Expert:  Clare replied 1 year ago.
Excellent news.I assume that the Order was sealed by the Court.If so then in fact you make an application within the Family proceedings to enforce the OrderHas the loan now been paid off?
Customer: replied 1 year ago.
No, the problem if I can explain is we had a joint loan when married an it was secured on the property which is just in my name, when we agreed on the financial settlement I took on all the debts and kept the house, all she had to pay was her 50% of each months payment of the loan, this has all been sealed by the court but she has never made any payments but I have kept up my half. The problem now is that the loan company is about to issue proceedings against my property so I have had to pay her share to stop this so all I want to do is recover what I have had to pay hence the county court proceedings question in what name to use
Expert:  Harris replied 1 year ago.
Thanks for elaborating, but as stated in my original response if she has not formally reverted to using her maiden name your application to court should state the name she is currently using (ie. her married name).
Expert:  Clare replied 1 year ago.
In fact you do not need to issue a County Court summons at all.You make the application to the Court using a Form D11 asking for a Lump Sum in lieu of the full payments (including those as yet unpaid)
Clare, Solicitor
Category: Law
Satisfied Customers: 33546
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you

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