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JimLawyer
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If a claimant wins a small claims court case against a

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If a claimant wins a small claims court case against a former partner. When does the defendant have to pay and if the defendant can’t pay can the defendant pat a small amount per month. We are talking of £5000 here
Assistant: Where are you? It matters because laws vary by location.
Customer: midlands
Assistant: What steps have you taken so far?
Customer: The claimant has won and the defendant can’t pay all at once. That’s where we are
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The defendant is not trying to get out of paying they just can’t pay that amount straight away and a monthly payment needs to be agreed. Need to know what is available out there

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

The defendant has to pay within 14 days. If not then the claimant can enforce the county court judgment (CCJ).

You do not need to accept their offer of installments and you now have a number of ways to enforce, as follows :

1. Apply to court to order they attend a hearing and confirm what they can pay. You do this by filling in and sending form N316 with fee of £55 payable to HMCTS:

(https://www.gov.uk/government/publications/form-n316-application-for-order-that-debtor-attend-court-for-questioning)

2. Instruct court bailiffs to attend and collect. Fill in and send form N323 (https://www.gov.uk/government/publications/form-n323-request-for-warrant-of-control)

A fee of £77 is payable (if you sued online) or £110 (paper method) payable to HMCTS.

Alternatively you can apply to transfer the CCJ to the High Court so that you can use the high court enforcement officers (who have far greater powers than county court bailiffs including seizure of goods to sell at auction and forcing entry to premises). The following company can do this for you and they add their fee to the CCJ sum: https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/

3. If he is employed, apply for attachment of earnings order :

(https://www.gov.uk/government/publications/form-n337-request-for-attachment-of-earnings-order).

£110 fee payable to HMCTS.

4. Apply to freeze his bank account (if it is in credit) and the court orders the funds to repay the CCJ :

(https://www.gov.uk/government/publications/form-n349-application-for-third-party-debt-order).

£110 fee payable.

5. Apply for a charging order on his property (if they own it) so the money is repaid when the property sells. You can also apply to force a sale :

(https://www.gov.uk/government/publications/form-n379-application-for-charging-order-on-land-cpr-part-73).

£110 fee payable.

As you can see there are a number of options available to you. If you will accept an installment plan then fine - but ensure it is reasonable and not over several years. If he has assets then option 2 would be a good one as high court enforcement officers can seize the assets and sell at auction.

I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Customer: replied 14 days ago.
Thank you

No problem at all, I hope I have helped.

Before you go please don't forget to rate the answer by clicking the 5 stars on screen and clicking “submit”.

Many thanks,

Jim

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