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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I recently won judgement case , a warrant of control

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i recently won judgement for my case , a warrant of control was issued ,and bailiffs made contact with the defendant on 18th march 2016 but on 27th march he pleaded guilty and to another case ,he was sentence for 2 yrs in prison on 1st April 2016.ive had no joy contacting bailiffs but told by courts they are still enforcing the judgment , part of this dispute was about a vehicle the defendant kept, and is now missing. ive put a SORN on the vehicle told the police and insurance but they cannot act until the vehicle is fond .
now he is in prison can i still put a charge on is business for the return or the current value of the vehicle. the defendant was company director but other staff still work at the company or will a statutory demand be appropriate added to the judgment already served on this case .
Submitted: 1 year ago.
Category: Law
Expert:  tdlawyer replied 1 year ago.
Hello, thank you for your question. My name is ***** ***** I can assist with this.You can continue to enforce the court judgement, evening whilst the judgement debtor is in prison.You can, therefore, continue to obtain a charging order over assets that belong to him.In addition, you could attain a bankruptcy order, following service of the statutory demand if the debt is over £5,000.Which is better depends upon all of the circumstances and is often difficult to say. However, are usually prefer to obtain charging orders over assets if possible, in preference to bankruptcy, as the latter would resulted in distribution of the debtors assets amongst all creditors by reference to the amount of debt they hold. In other words, if the debtor has other people he owes money to, then you will not recover fully if his assets are limited and insufficient to pay off all of the people he owes money to In full.
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Customer: replied 1 year ago.
Thank you for replying to my question , I just need to make sure that if my charge order is for the value of my vehicle lets say it worth with contents was £3900.00 , the 1st judgement was claiming for £1,859.00 added together is £5,759.00 ,can this be submitted .or do need to serve another claim for the new amount to be added to my charge order .

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