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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My question is this: I took my ex wife to court to reduce

Resolved Question:

My question is this: I took my ex wife to court to reduce the maintenance payments due to unemployment. The amounts were reduced in a draft judgement but I have never been issued with the final judgement. I believe that the judgement was sent to a former address abroad (I have no idea why). Is the judgement still valid if I have never received a copy?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Yes, the judgment would still be valid as you would have been informed of the outcome at the hearing. I would suggest that you contact the court and amend the details they hold for you on the court record and request a further copy of the judgment and order. Some courts are able to do this by email to save you time.
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
Not true - the final details were not given at the hearing.
Customer: replied 1 year ago.
The amount discussed at the hearing were different to the final amount, specifically the dates when they were to apply. There was a lot of correspondence between the judge and the other side's lawyers AFTER the hearing which I was not always privy to (talk about taking advantage and stiching somebody up)
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. The Civil Procedure Rules state: When judgment or order takes effect40.7(1) A judgment or order takes effect from the day when it is given or made, or such later date as the court may specify.(2) This rule applies to all judgments and orders except those to which rule 40.10 (judgment against a State) applies. What this means is the judgment does not become void by the fact that it has been sent to the wrong address. The order of the court remains lawful and valid. Incorrect service simply means that the court may be inclined to give the party who did not receive the document more time to comply with the judgment under the following power: Stay of execution and other relief40.8A Without prejudice to rule 83.7(1), a party against whom a judgment has been given or an order made may apply to the court for—(a) a stay of execution of the judgment or order; or(b) other relief,on the ground of matters which have occurred since the date of the judgment or order, and the court may by order grant such relief, and on such terms, as it thinks just. There is nothing in case law or the civil procedure rules to say that a judgment or order being sent to the wrong address results in unenforceability.
Expert:  Alice H replied 1 year ago.
Good evening. May I assist any further? Alice
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience: Partner in national law firm
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