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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6782
Experience:  Solicitor
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My husband received the order to attend court for

Customer Question

My husband received the order to attend court for 'disobedience.'
It states he was served the order before-which is untrue as we have never received this order before .
It was received 25/11/16 but dated 18/10/16 for an order made 11/10/16.
My husband has not been around and I never saw this .
This debt was incurred about 6-10 yrs ago prior to his stroke.
My husband is on disability payments and pension and cannot repay -he had a stroke x3
and has aphasia .
My husband is currently out of the country and will. D unable to attend.
Would you please advise on how I may resolve this .
Thank you,
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you.

Is he represented? Is there a court order saying he must pay something?

Customer: replied 1 year ago.
Hi, Jamie
He had s court order he attended in 2014 to repay some money which he says he does not remember.
I was not with him st the time therefore also have no idea .
He had running late a business and was with a partner for 29 years who since declared bankruptcy after he ( my husband ) had a stroke .
My husband lost his home etc , partner left him but he did not declare bankruptcy as he was told it would affect his pension.My husband has since been hounded by debtors for repayments.He attended this court hearing and agreed to repay monthly but was unable to due to financial difficulties .
He is currently on disability benefits as he cannot read or write sufficiently to function in the workplace .
I advised him to tell them he cannot pay but he said he felt 'pressurised'& scared.The company is aware he has lost his business .
Expert:  Jamie-Law replied 1 year ago.

Did he ever apply to vary the order to pay?

Customer: replied 1 year ago.
No -nut that I am aware of .I also believe that the person that says they delivered the order is lying as we received nothing until now .
Customer: replied 1 year ago.
Would there be added costs ?
Expert:  Jamie-Law replied 1 year ago.

It is a suspended committal order?

Customer: replied 1 year ago.
It states 'suspended committal order fur disobedience.
It states if he does not comply by attending court on 8/12/16 a warrant will be issued for his arrest -for 14days in 'Wormwood Scrubs Prison.'
He is not in the country at the moment and will return after Xmas.
How can I sort this please?
Can I get this entire payment null and void ?
Can I attend or write to the Court and if so where ?Thank you.
Expert:  Jamie-Law replied 1 year ago.

Does he accept he owes the money?

Customer: replied 1 year ago.
He says he does not know what it is for and he thinks it may be related to the period after he had a stroke .
He lost his business etc etc .
I write a letter to the courts explaining this and have not as yet received a response .i called the vourts and asked if they received the letter but they say there's s backlog and they will get back to me in January 2017.
Expert:  Jamie-Law replied 1 year ago.

When is he due to attend?

Customer: replied 1 year ago.
He was due to attend 08/12 as I advised in previous texts .
Expert:  Jamie-Law replied 1 year ago.

Just to be clear, this is ONLY for a debt? Not for breach of a Court order, like an injunction etc?

Customer: replied 1 year ago.
It is for a debt and breach of a court order I believe.
He still says he does not remember and I do not know as I was not with him /married to him at the time .
He's previous partner declared. bankruptcy & went overseas after his stroke.
Expert:  Jamie-Law replied 1 year ago.

Ok - you need to check to see what it is for. If it is breach of a Court order for payment that is ok - nothing can happen.

If it is a breach of an injunction that he was not mean to, or had to do something, or breach of an undertaking that is a different matter.

The bundle of documents he has should contain details of what it is said he has done and why.

The matter will be listed for a first hearing and he can admit/deny
If he denies then it will be set down for a trial some time later to decide whether he breached it.
If so then the Judge can warn, fine or send him to prison.
He may be entitled to legal aid, but he is entitled to know the full evidence against him for any breaches so he can decide what to do

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 1 year ago.

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