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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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CLAIMANT AND OBTAINED A COUNTY COURT JUDGEMENT WHICH ORDERED

Resolved Question:

I AM THE CLAIMANT AND OBTAINED A COUNTY COURT JUDGEMENT WHICH ORDERED THE DEFENDANT TO PAY THE SUM OF £806.54 ON OR BEFORE 11/5/16. ON 27/5/16 I RECEIVED BY RECORDED 24 POST DATED CHEQUES BEGINNING 1/6/16 AND ENDING 1/5/18 IN THE SUMS OF £33.60 EXCEPT FOR ONE. THE TOTAL DEBT IS COVERED BY THEM. I DO NOT WISH TO ACCEPT THEM CAN I ENFORCE PAYMENT IN FULL THROUGH THE COURT?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Yes you can reject this form of payment because it is not inline with the court order. You have various enforcement options available to you - is the debtor employed or does he/she own her own home? Kind regards AJ

Customer: replied 1 year ago.
I understand that he is self employed and he does own his own house . It may be that the house is jointly owned with his wife because the cheques are drawn on a joint bank account and signed by Mrs Stancer
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. You have the following options:

Expert:  Alex J. replied 1 year ago.

(i) you can apply for a warrant of execution - this would involve sending court appointed bailiffs to his property to seize and sell goods to repay the debt;

(ii) you could apply for a charging order over his property - the issue with this is it is time consuming and if he has a mortgage the mortgage company is likely to take control of the proceedings give the small size of your debt, if you tried to subsequently force a sale;

(iii) negotiate the payment terms with him - demand that the debt is paid within 6 months for example with 6 post dated cheques and initial lump sum as a show of good faith.

Do you think he actually has the funds to pay you?

Kind regards AJ

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