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Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.
Am I right in thinking you already have a CCJ (county court judgment) against the person you issued against? But you want to now pursue their girlfriend?
Hi there, yes, you now have a final judgment against him and you would need to bring a fresh claim against her. Ideally, both should have been on the claim form (the money claim site allows you to sue two parties). You can enforce the judgment against him in a number of ways - you could try BNH Associates who use ex-Police and have a high success rate - to trace him.
It may be possible to apply to amend the current proceedings (the cost is £255) and the court may require you to attend a hearing - if it grants the application then the court would order you to serve proceedings on the second defendant who then has to reply. It may be easier to issue a fresh claim but can I ask which tracing agency you used previously?.
Yes, it must be very annoying - has he gone abroad?. I think it would be best to issue a fresh claim. It would mean you do not have to attend a court hearing and be asked by a judge why the second defendant was not sued at the time, etc. You simply add the court fee to the claimed sum but you'll already know that.
If there's anything else let me know - I am happy to assist. Likewise if you want to know about enforcement methods, I can detail those for you.
I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.
Yes, you can actually. Though for this to work they have to have money in there (not in their overdraft) and it's one application at one point in time - when the court makes the order then future deposits in to his account are not affected.
You can apply to freeze his bank account and the court orders the funds to repay the CCJ :
Yes, there are a few 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:
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 :
£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 :
£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 :
6. Apply to make them bankrupt if they owe you £5,000 or more:
It'd be contempt of court, so a civil court judge could potentially make an order for his arrest yes. For a small fee I'd be inclined to try BNH Associates to trace him. http://www.bnhassociates.com
Mr Bedwell runs it (he is ex Police) - if the defendant can be traced then it would be a great result as you could then enforce.
If he can be traced and he works for someone then an attachment of earnings order would be a good idea
They are only useful if the defendant has assets to seize though
Maybe give Mr Bedwell a call at BNH and see what he thinks - for all you know the defendant has moved abroad so it's worth speaking to someone who used to be in the Police to get their view.
Bankruptcy is only useful if he has assets, same as the high court option.
If you know his bank account details then this is a good option for you in my view.
Yes no problem, the question will stay open. The system will notify me when you post a new question so we can speak again shortly.
Yes, send a completed copy to the court with the form and a cheque for £55 payable to HMCTS.
Yes, send to that one.