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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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Are there any rates set for an installment order? 1. Example

Resolved Question:

Are there any rates set for an installment order?
1. Example of the debtor having pay of 250,000.
2. If they show at court, do they also have other income or assets taken into account? eg bank, saving, investments, properties, if in other countries?
3. If they not show at the court, are they still asked for the pay amounts and any other imcomes and assets?
4. Is the crediter being asked by the court for evidence of the debtor income if they have such? We have evidence of assets, pay and properties, some in other countries.
5. If the debtor is leaving the work so to stop any paying, is any transfer of the order?
Submitted: 7 months ago.
Category: Law
Expert:  Buachaill replied 7 months ago.

1. There are no set rates laid down for an instalment order. It depends upon the income accruing to the debtor. Accordingly, if your debtor earns 250,000 per annum, you will be looking at an instalment order for 10-15,000 per month. whilst not all the debtor's income can go in an instalment order, the debtor is simply left with enough to live on. Not a luxury living amount. In making an instalment order, all assets of the debtor are considered, but it is primarily the income levels which are considered. So, I would suggest if they have other assets, such as bank savings, that you garnishee these assets in addition to getting an instalment order. It makes no difference if the debtor turns up or not. The making of the order is not dependent upon the debtor turning up. I would not proffer evidence of the debtor's assets at any stage unless you want to prove the debtor is lying on his affidavit made in respect of the order for Discovery in aid of Execution. So you should hold your fire on this issue. Finally, whilst you cannot compel the debtor to work to pay you off, given that this person earns 250,000 per annum, it will be small beer for them to pay off a judgment for 30,000.

Expert:  Buachaill replied 7 months ago.

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Buachaill, Barrister
Category: Law
Satisfied Customers: 10403
Experience: Barrister 17 years experience
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Customer: replied 7 months ago.
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