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Category: Law
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Can someone help me with legal advice to do with post Small

Customer Question

Can someone help me with legal advice to do with post Small Claims Court.


I won a county court judgment against a company that failed to pay me for a piece of design work I completed successfully last year.


They were given a 14 day period to pay up the debt. The 14 days are up, and it looks like they are trying to exit not paying by details below listed in an email note to me after court hearing from them:




Dear Kishen, I am yet to receive copy of the judgement you obtained against XXXXXXX XXXXXXX Ltd in Kingston County Court on 25 June 2013 ( this is a lie they received it the same time as me), in the order of approx £X,XXX. I regret to inform you that any such order has rendered the company insolvent and it will not be able to meet this demand. The only asset the company has is a paper copy of your presentation. I have convened a meeting of the directors/shareholders in order to discuss the possibility of recapitalising the company. In the event that there is no appetite for such action, I would recommend that we dissolve the business forthwith. I shall keep you posted. Kind regards, XXXXX XXXXX




My next option is to file a Warrant of Execution via court to instruct Bailiffs to reciver the debt (+£100 fee for filing). The problem with this is that this will probably mean nothing as the Ltd. company the defendant owns is listed under a residential address. I have been told that the bailiffs cannot enter to enforce the law. Therefore I would lose the money and purpose of the warrant due to this issue.



I feel helpless. Even though I won the case, it feels like these guys can get away with this technicality and by declaring insolvency. One of the directors owns two other active Ltd. companies and also has a previous record of dissolving over 20 other businesses of his own.


They have not filed any company accounts since starting the Ltd. company in 2011



What are my options and rights on how to get back the debt and what option are available to me to  uphold the law, which is on my side?



Can they get out of paying this debt?


Can I stop them closing their business before recovering the debt owed.  


They tried to pay me for the work, then cancelled the cheque afterwards. Does this not mean they had assets and cannot do the insolvency route?



Thanks regards

Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

Are they a limited company please?
Customer: replied 4 years ago.

Yes they are as i thought I said on note above - did you read it?

Customer: replied 4 years ago.





Yes they are as I thought I said on note above - did you read it?


Is this all I get after waiting many hours for a reply?


Expert:  Jo C. replied 4 years ago.
Actually your post above does not contain any reference to a limited company probably because it was blocked out as you named them and this is a public site and will be visible online.

I'm not sure what you would like to achieve here really? Unfortunately you cannot stop them going under if they are intent.

You can instruct bailiffs but if there is nothing to seize then there is no point. They can get entry though generally on business premises mostly because business premises are open.

You can try to apply to stop them dissipating assets but if they have not assets then there is no point.

You can always try to enforce the judgment against the companies directors which can be done if you can literally show fraud or that the company is a sham. Generally speaking though limited companies protect their directors. If they have dissolved other companies then that will be helpful.

Can I clarify anything for you?

Customer: replied 4 years ago.


Thank you for your thoughts.


With the greatest respect I did give details that this was a was Limited company, and I didn't show any names as I understood that this was a public place for questions.....Why would I have said the details below for example? :


'They have not filed any company accounts since starting the Ltd. company in 2011'


Obviously I'm trying to get the money back from the debt after a year of waiting and the fact that the judge gave the decision in my favor. As I have no legal training, I wanted to know what options were available to me.


They tried to pay me with a cheque originally, then cancelled it does this not mean they had assets - therefore cannot do insolvency ?


I am disillusioned with the Small Claims process. What is the point of it if, any Limited company status can be used as loophole to get away from this kind debt?

Expert:  Jo C. replied 4 years ago.
I will opt out to let others look at this as I have expressed a view.
Expert:  Nicola-mod replied 4 years ago.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 4 years ago.

Please cancel the question - thanks you.