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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 498
Experience:  Solicitor at BLM
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I would like to find out how to get a county court judgement

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I would like to find out how to get a county court judgement arranged? As someone owes me £28,000 and has failed to pay after the agreed time
JA: Where are you? It matters because laws vary by location.
Customer: Leeds, England
JA: What steps have you taken so far?
Customer: I have sought advice from Citizen's Advice Bureau, and heard about CCJ. I have contacted law societies in Leeds to arrange meetings about this ..
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have reported the other person to Action Fraud and the police who are investigating from a criminal perspective because it was most likely a dating scam / confidence fraud. But I want legal advice for the civil aspect, of enforcing the "loan"

Welcome to Just Answer

In order to secure a judgment against the debtor you need undertake the following steps below

However before i proceed do you have the person's address as you will need this info when completing the relevant court form?

Customer: replied 3 days ago.
I have their postcode, but I'm not sure of the house number. The police officer has confirmed they have his full address, but he also has other addresses
Customer: replied 3 days ago.
I won't be able to call unfortunately

Please ignore the automated call request.

Once you have obtained the address details from the police please undertake the following steps

Customer: replied 3 days ago.
Ok, I will do that
Customer: replied 3 days ago.
Actually, the enquiry for his address may be better coming from the lawyer I eventually hire, but I will certainly bare that in mind ... what are your advised steps?
  • Write a letter and email to the debtor setting out why the debtor owes and the deadline the debt was meant to be paid.
  • Notify the debtor that if payment is not made within 21 days you will commence court action which will mean that further costs will be incurred which the debtor will be responsible for

Ensure you date the letter and provide contact details for the debtor to return you within 21 days

If the debtor fails to return to you please consider file a claim in the county court.

If the debtor fails to return to you please file a claim in the county court.

Customer: replied 3 days ago.
Is this equivalent to a "warning letter" prior to sending a CCJ?
- If so, should the letter be addressed from me, or preferably from a lawyer / court? Sorry, i'm not sure how it works
- I'm also worried that he might flee, if he receives such a warning letter
Customer: replied 3 days ago.
Can CCJ be filed quite quickly, within 21 days?

It is a letter before action (commencing court proceeding). You will need to commence court proceedings before securing a CCJ. The message will be STRONGER coming from a solicitor as the debtor knows you have escalated this matter

Do you understand what i have stated if not please let me know

Customer: replied 3 days ago.
Yes I think so, so I should (1) contract a civil lawyer, (2) they will draft and send a letter before action, (3) secure CCJ
Customer: replied 3 days ago.
If the amount owed is disputed or the letter is ignored, what are my options?

Yes as long you are confident that you will be successful at court. This is because if the matter is disputed and the debtor wins at trial then you will likely pay the debtor's costs and you will not have a CCJ

I hope i have clarified the position, if not please let me know

Customer: replied 3 days ago.
I understand, I feel pretty confident I have a good case, as there is a lot of written messages where he shows understanding that everything was a "loan"
Customer: replied 3 days ago.
If I should "win", would he be liable to pay for my legal fees?

Yes he will be responsible to pay your reasonable fees

Customer: replied 3 days ago.
How much roughly, do you estimate it may cost, to get this done?

Unfortunately this is something that you can negotiate with your solicitor. Further you dont have to accept the solicitors first offer. Given you are confident of wining, solicitors will want to take on the case on and perhaps consider your offer because who doesn't want to be on the wining side.

Hello

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Thanks

Anthony Chendo and 2 other Law Specialists are ready to help you
Customer: replied 3 days ago.
Thanks

Your welcome