I'm afraid that this is not an
instant service because we all have other users and clients and court and
evenings and travelling and weekends so sometimes you will get a response in
minutes and sometimes it will be hours. The site is hosted in the United
States. We are all based in the UK. We are all practising UK lawyers. If the
site had their way, questions would be answered in nanoseconds, and we would
deal with them in nanoseconds, but sometimes it is just not feasible.
In which case, presumably you
would prefer to be repaid or if they do not have the money to repay you, you
would like a charge against their property.
The first thing to do is to
take her to court to get a judgement in respect of the money. If you then don't
get paid, you make a further application to court to enforce the judgement.
You can do that in several
You can apply for an attachment of earnings order. An attachment of earnings order is only any good if he is
employed because that is an order for an employer to pay money to you directly
from his wages.
The third party debtor order is an order for
someone else (the bank, for example) to pay money to you directly. But, there
must be enough money in his account to cover the full amount of the order.
If she has property, you can get a charge
against the property, but that might be a bit long winded and you then need a
further application to try to force a sale of the property to bring her to her
senses. You would need the first charge lenders cooperation and no doubt the
husband would defend it.
As this debt is not in dispute, you could
actually issue a Statutory Demand (which is free), which means that they have
to make an application to court to set it aside in 21 days on the basis that
they do not owe the money. If they do not apply to set it aside and do not pay
you, you can then make an application for personal bankruptcy and the trustee
in bankruptcy will then pay you out of any proceeds of bankruptcy. The trustee
in bankruptcy would deal with the sale of their house. The bankruptcy petition
will cost you in the region of £2000 by the time it gets to court and there is
no guarantee that you would get that back if they have no money or assets.
Sometimes, the statutory demand alone wakes
people up the possibility of personal bankruptcy and might prompt them into
Can I help further?
I help further?
Please bear with me today and over weekend because I will
be online and off-line.
Please don't forget to positively rate my answer service (even if it was not
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The thread remains open for us to continue this exchange