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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 729
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I leant a neighbour money who repaid me bck by cheque which

Customer Question

I leant a neighbour money who repaid me bck by cheque which bounced i went via money claim who without sucess then what was owed went to county court baliffs first visit no answer 2nd visit enter rented premises but no goods worth anything but he was told to set up instalements but that failed he left his job and all money in partners name 3rd visit partner said he left but hes still living there 24/7 can u advice my nxt step as not going to give up thanking you karen
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
The money owed now including cost is 1890.75
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that you are experiencing.
It sounds to me that the best action for you to take would be to make an Application to the Court for the Debtor to Attend at Court for Questioning in front of a Court Officer.
This is a good way of finding out more information about the debtors assets and means.
You apply for this using this form:
https://www.moneyclaimsuk.co.uk/PDFForms/N316.pdf
The court fee for this application is £50.
The court will draw up an order on Form N39. This is called an order to attend for questioning.
The order made by the court will:
•give the time, date and place for the judgment debtor has to attend to be questioned.
•give an explanation that the judgment debtor must attend at the time, date and place given and must answer, under oath, the questions asked by the court officer
•tell the judgment debtor to ask you to provide sufficient money to cover any travel expenses to and from the court if it is needed, and that this request must be made to you within 7 days of receipt of the order to attend
•tell the judgment debtor who wishes to pay the amount due that payment should be made directly to you
This method of seeking information about the debtors means is quite a useful one. The order cannot simply be ignored by the debtor. The order contains a warning to the judgment debtor that failure to do what the order says may result in their imprisonment. Due to the nature of this order – it must be served personally on the debtor. This means that it must be handed to the judgment debtor personally. Someone must hand the order to attend for questioning to the judgment debtor personally.
You may choose to instruct the court bailiff to personally serve the court order. If you choose this option – the bailiff fee is £100.
The order to attend must be service no less than 14 days before the questioning is to take place. The order must not be left with someone else at the debtor’s address or posted through the letterbox. If you attend to the personal service yourself – you must inform the court, by returning the order, at least 7 days prior to the questioning to confirm that personal service has taken place.
You do not need to attend the questioning unless you particularly want to.
Once the questioning has take place – the court officer will record the answers on which form is appropriate and you will be sent a copy of the completed form. This form will tell you what documents the judgment debtor produced to support the information given.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 1 year ago.
After this how will i get my money back
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
The Court Officer will try to illicit an offer in respect of what can be paid to you on a regular basis. This information will be sent to you and you can choose to accept if you want.
Otherwise you will have a lot more information - so that you are not going blind - so to speak.
If he is employed - then you will have these details so that you can seek an attachment of earnings order. Meaning money is taken from his wages.
If he has assets elsewhere - you can look to instruct the court bailiffs
If he has interest in a property elsewhere - you can seek a charging order
Basically - you can take stock after the questioning - or he may even choose to pay you before the intrusive questioning process.
Please don't hesitate to ask if I can clarify anything for you
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 1 year ago.
He left his job when this started and once he knew i was taking action he closed all his bank accounts and his partner has his money they rent accomudation and baluffs said there is no goods of value i have messages he sent and he knows he owes me but has no intentions of paying me bck and totally ignores any baliffs or court papers as once he writes down that he does he knows he got pay me and like i said he lives one door but one away and his not nice
Customer: replied 1 year ago.
And know his partner lieing that he lives there so she covering up for him he hasnt claimed js only income is her benifits all in her name
Expert:  ukfamilysolicitor replied 1 year ago.
He sounds an absolute nightmare!
I'd still go for the questioning as he must be living off something. He has to attend at court and bring all his documents to prove his position. If he doesn't turn up or turns up with no proof then he is risking commital to prison.
Kind Regards
Caroline
Customer: replied 1 year ago.
It is a nightmare think both have done this b4 as only lived here two years and pretty sure they know how not to pay
will the order tell him what he has to prove ie income etc what im worried about is if he shows that he hasnt money which i know is now in her name it get thrown out and i wont get bck my money will the court tell him he has to make payments and would you say enclose all documents and tell them what i know
Customer: replied 1 year ago.
Sorry one more question
could you give me some ideal questions to ask him as you have been very helpful so far i wish to have everything covered as like i said i wont give up on this
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I have attended for one of these before. The person with the Judgment was my client and so I attended simply as a witness.
The court officer scrutinised everything and in my opinion did a very good job. They recognised extra money and suggested this should be paid to the creditor. I recommend you go to oversee.
The court provides the debtor with a list of what they expect should be brought.
Unfortunately getting the Judgment is only the start of the battle with people like your neighbour!
Kind regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Sorry
Just seen your extra post
They have a book they go through with him which details everything in respect of means, income, housing, employment, outgoing etc
The appointment I went too lasted approx 90mins
Kind Regards
Caroline
Customer: replied 1 year ago.
Well least with your help i be one step nearer getting this resolved do i send document direct to court or moneyclaim as court are aware of baliffs as there from the court
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Glad I could help and I hope you get back what you are owed.
You will send your application to the county court that is the nearest to the defendants home address.
Kind Regards
Caroline
Positive feedback is gratefully received
Customer: replied 1 year ago.
Thank you ever so much
seeing i havent used this service b4 will your replys stay here when we end as not on my e mails
Customer: replied 1 year ago.
***@******.***
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Karen
Your question stays open here - so you can come back at any time to review it
Kindest Regards
Caroline
Customer: replied 1 year ago.
Thank you again i shall do as you hve adviced me x
Expert:  ukfamilysolicitor replied 1 year ago.
Glad I could help
I wish you all the best
Kindest Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Please kindly remember to rate positively so that we receive credit for our work

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