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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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My husband received the order to attend court for

Customer Question

My husband received the order to attend court for 'disobedience.'
It states he was served the order before-which is untrue as we have never received this order before .
It was received 25/11/16 but dated 18/10/16 for an order made 11/10/16.
My husband has not been around and I never saw this .
This debt was incurred about 6-10 yrs ago prior to his stroke.
My husband is on disability payments and pension and cannot repay -he had a stroke x3
and has aphasia .
My husband is currently out of the country and will. D unable to attend.
Would you please advise on how I may resolve this .
Thank you,
Shekhina
Submitted: 9 days ago.
Category: Law
Expert:  Jamie-Law replied 9 days ago.

Hello my name is ***** ***** I will help you.

Is he represented? Is there a court order saying he must pay something?

Customer: replied 9 days ago.
Hi, Jamie
He had s court order he attended in 2014 to repay some money which he says he does not remember.
I was not with him st the time therefore also have no idea .
He had running late a business and was with a partner for 29 years who since declared bankruptcy after he ( my husband ) had a stroke .
My husband lost his home etc , partner left him but he did not declare bankruptcy as he was told it would affect his pension.My husband has since been hounded by debtors for repayments.He attended this court hearing and agreed to repay monthly but was unable to due to financial difficulties .
He is currently on disability benefits as he cannot read or write sufficiently to function in the workplace .
I advised him to tell them he cannot pay but he said he felt 'pressurised'& scared.The company is aware he has lost his business .
Expert:  Jamie-Law replied 9 days ago.

Did he ever apply to vary the order to pay?

Customer: replied 9 days ago.
No -nut that I am aware of .I also believe that the person that says they delivered the order is lying as we received nothing until now .
Customer: replied 9 days ago.
Would there be added costs ?
Expert:  Jamie-Law replied 9 days ago.

It is a suspended committal order?

Customer: replied 8 days ago.
It states 'suspended committal order fur disobedience.
It states if he does not comply by attending court on 8/12/16 a warrant will be issued for his arrest -for 14days in 'Wormwood Scrubs Prison.'
He is not in the country at the moment and will return after Xmas.
How can I sort this please?
Can I get this entire payment null and void ?
Can I attend or write to the Court and if so where ?Thank you.
Expert:  Jamie-Law replied 8 days ago.

Does he accept he owes the money?

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