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Hello Pete and thanks for the question as always
No you cant demand they attend Court for that.
A debt, although a Court order can only be enforced as we have discussed previously
There is a thing called a Judgment Summons
You can read about that here:
The problem with this though is if the Court commits to prison, the debt is written off
Therefore you should chose one of the other enforcement methods so the debt does not get written off
Can I clarify anything for you?
ok thanks. Will have a read. Will be no doubt back with more questions. Actually if Prison is a route ..... that is perfect as the debt is a principle thing. This Guy has conned my 99 years of age Grandmother in law of a substantial amount of her life savings. I do not believe he has the assets to pay the debt back but need to find that out. I want to prevent / make it hard for him to do this to others. Him in prison ideally bunking with the Prison Big Guy would strangely make me (on behalf of the claimant) very satisfied.
So can I go through the N316 / N316A route and then if I feel it is appropriate potentially embark on the Judgement Summons?
I have been banging hard on the door of the Police and Fraud Action. In parallel the Police before Christmas arrested the defendant, questioned him, seized a couple of computers and the Officer then constructed his brief/evidence and has submitted it to the department that decides whether there is enough to go on to prosecute (cant remember name). So if the police were to prosecute and the defendant was found guilty and maybe sentenced to Prison. Does this also write the debt off or does the debt still stand?
Oh so if I went down the Judgement Summons route and Prison is an unlikely outcome what would the Court Potentially find? Would it put in place a debt re-payment schedule profile or something? Presumably the court would need to do something? Is there a likely scenario?
Actually if the N316 route revealed some 'worth' would a follow on Judgement Summons reflect on this and then demand that the defendant pays the debt in some manner?
If it transpires that there is a piece of land belonging to the defendant(s) then I can go done the 'Charge' route. In this scenario would a Judgement Summons result in an instruction that the defendant must sell the land?
Yes. thanks again. My strategy is going to be N316 / N316A followed by Land Charge if appropriate. Many thanks for your input. Pete