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Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
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There. I am currently owed £96k by a couple. They have

Resolved Question:

Hi There. I am currently owed £96k by a couple. They have assets that cover this. I have today written to them to advise of impeding legal action but am scared they will dispose of their assets through family and friends. Can I get a freezing order to
stop this prior to civil court? Thanks in advance Stuart
Submitted: 1 year ago.
Category: Property Law
Expert:  Alice H replied 1 year ago.
Hello, my name is ***** ***** I am a solicitor based in London. I’ll be happy to assist you with your question.
Expert:  Alice H replied 1 year ago.
Right now I’m writing your answer. In a few minutes I will give you a professional, high-quality response.
Customer: replied 1 year ago.
Thanks Alice
Expert:  Alice H replied 1 year ago.
You can certainly apply for a freezing order to stop assets being dissipated. Given the large sum involved I would recommend that you seek the assistance of a solicitor to ensure the application is prepared properly. A freezing order is an equitable remedy. The court will exercise its discretion to grant a freezing order only where it considers it just and convenient to do so.In addition, case law has established the following conditions for a freezing order:The applicant must have a cause of action, that is, an underlying legal or equitable right.The applicant must have a good arguable case.The existence of assets within the jurisdiction.Real risk of the respondent's assets being dissipated
Customer: replied 1 year ago.
Thanks so much for the prompt and decent reply. Can I apply on line or myself for such to save instigating a Solicitor?
Expert:  Alice H replied 1 year ago.
No, there is no online procedure for making the freezing order application. The Ministry of Justice does have an online MoneyClaim system to recover the debt itself, but not for making a freezing order application.
Expert:  Alice H replied 1 year ago.
Can I assist any further? If you are satisfied with the answer, please remember to take a moment to rate my answer. Alice.
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Customer: replied 1 year ago.
Any advise on how to get the freezing order would be greatly appreciated,
Customer: replied 1 year ago.
Thanks - I will rate you well but need advice how to obtain said freezing order
Expert:  Alice H replied 1 year ago.
Of course, I would be very pleased to help you with that. It will take me a little while to type an answer so I'd be grateful if could bear with me.
Expert:  Alice H replied 1 year ago.
Freezing orders are usually sought without notice to the respondent, as giving notice would defeat the purpose of the injunction. Applications are made under the procedure in Civil Procedure Rule23 generally, to a judge in the High Court or a circuit judge in the County Court. As your claim is likely to exceed £100,000 including interest etc I would suggest you look at commencing action in the HIGH COURT.The application notice should be completed using Form N244(notice of application which can be found on Ministry of Justice website)Evidence in support of the application should be made in an sworn affidavitThe draft order should generally be based on the standard form annexed to Practice Direction 25AIf a freezing order is granted at the without notice hearing, it will usually be made for a specified period of time, and a return date will be fixed for a full hearing.The applicant should promptly serve the order (and other necessary documents) on the respondent and any third parties known or believed to hold assets of respondent. At the full hearing, the court will determine whether the injunction should be continued, varied or discharged.
Customer: replied 1 year ago.
Thank you
Expert:  Alice H replied 1 year ago.
It's my pleasure. Alice.