Fight Stay of Execution of Writ

[CaptainO]

Applied for stay and was successful. I had asked for 8 weeks to release funds to settle cost order, but claimant had refused. He's now threatening to go to court and fight the decision/order as wants his money now. Should I be worried?

[ploddertom]

Re: Fight Stay of Execution of Writ

Would imagine by the time he applies & is given a date the 8 weeks will be up. Why did he not challenge your initial application rather than wait.

[CaptainO]

Re: Fight Stay of Execution of Writ

It was a without notice hearing as the officer had already been to visit and was due to come back the following week. I was ordered to send him the order, application and witness statement, which I have done.

[ploddertom]

Re: Fight Stay of Execution of Writ

Ah, so you have an interim, therefore a full hearing may well be made - but even so the time taken should still exceed what youare looking for.

[CaptainO]

Re: Fight Stay of Execution of Writ

So, you don't think he could just go and have another without notice hearing and come back with HCE people? Just sounds like it could become a ping pong game and a gamble on which judge one gets! :o

Thank you so much for your replies. I'm feeling slightly reassured.

[ploddertom]

Re: Fight Stay of Execution of Writ

Wouldn't worry unduly. If it is to your home then they have no right of entry anyway, business is different.

[CaptainO]

Re: Fight Stay of Execution of Writ

Thank you so, so much! It's my home indeed and I have little ones so really don't want them witnessing any drama or coming home to find their TV etc gone.