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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71267
Experience:  Over 5 years in practice
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If a person has been found guilty of fraud and was given a

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if a person has been found guilty of fraud and was given a short suspended sentence which has now passed and after the bank repaid part of the amount as a good will gesture the remaining amount is under the minimum for the charities insurance to pursue can I take it to the small claims court if so what do i do ?
Many thanks for your time.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the sum in question?
Customer: replied 2 years ago.


Does he have the funds to repay?
Customer: replied 2 years ago.

it is thought perhaps no but it is felt by my members that being made to make small weekly/monthly payments would show justice is being done

You need to think about whether there is any point.
You do have a claim. He was convicted at the criminal court and so your work is half done. You will still have to prove the loss to the civil standard but that shouldn't be a problem.
The question is whether there is any point. If he is not in work and has no assets then you are probably wasting your time. You would be lucky if you got a small payment and if he stopped paying you would have the problem of how to enforce. People are quite often quite adept at hiding things from the bailiffs and making it appear to have nothing worth seizing.
Small payments only work if he applies to vary the order to pay in instalments. If he just ignores it you will have to weigh up the cost of enforcing against him. Bailiffs are expensive if they achieve nothing.
Can I clarify anything for you?
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