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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6534
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Hubbyreceived a lsuspended commital order

Customer Question

Hi hubbyreceived a lsuspended commital order for ldisobedience related to a debt which is now fully paid. Company have asked court to withdraw all actions as debt paid in full. Hubby didn't attend the court yesterday as didn't think needed to as debt paid. Will he be arrested
Submitted: 7 months ago.
Category: Law
Expert:  Michael Holly replied 7 months ago.
He will not be arrested as the police do not enforce County Court committal orders.He needs to write to the court explaining why that he did not attend- I hope as the debt has been paid and he believed the matter was fully resolved. He should apologise to the court for any inconvenience caused and ask them to withdraw the committal order.If there is a date that your husband has been given to attend court on the committal order he should attend unless he is been told by the court not to. As such, he should follow the matter up with the court by telephone until it is resolved . I hope this helps , if there are any further points please reply I will be happy to respond.Best wishesMichael
Customer: replied 7 months ago.
Hi he was due to appear on 28 April but as I say he didn't has he thought matter was resolved due to debt being paid in full and company asking court to withdraw all action.
The order said he would be arrested by bailiff and taken to court for questioning if he didn't attend Should he still write to court apologising
Expert:  Michael Holly replied 7 months ago.
Yes, whilst the police will not arrest him a bailiff, who is a County Court employee, may try to enforce the warrant. As such your husband does need to get this resolved. Bailiffs do not work bank holidays and are generally not that fast but they will get round to paying a visit eventually so your husband needs to write a letter to the court manager explaining the circumstances and asking the court for advice regarding what he needs to do next.The letter will be put before a judge and the court will decide whether they want him to attend at some point to explain it in person or just to withdraw etc.The letter needs to be hand delivered to court on Tuesday if possible so the letter gets there before the court can do anything further.Best regardsMichael
Customer: replied 7 months ago.
We are currently not home we are visiting family out of Ipswich until nxt weekend would an email to the court suffice

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