Re issue the court order ..please advise

[vctmfraud]

HI All,

I am asking this to give some help to a friend of mine.

He got a CCJ against Debtor when defendant ddnt pay his money received as a loan.

So friend applied for an Attachment of earning order but defendant's employer returned forms to court saying defendant left job in November 2017.

Then friend got defendant's home address but this time , he applied for an Order to obtain Information and court issued today. Friend yet needs to deliver personally to the defendant.
In the mean time, friend needs to know ;

1. Can he ask the court to re-issue the Attachment of earning order to defendant as his home address now known ? Then , friend hope ,defendant could tell the court about his new employment details .

2. if so can he request the court to Hold or Cancel the order to obtain information ?

please..

[ploddertom]

Re: Re issue the court order ..please advise

Just because your friend has a Judgment will be no guarantee they will ever get paid. Sounds as if the debtor is aware of the sysytem as the chances are they have given up working to prevent an AoE. Each attempt at enforcement is going to cost. Do you know if they have any other assets which could be seized and sold off?

[vctmfraud]

Re: Re issue the court order ..please advise

Thanks for reply.

I dont think defendant has any assets . But according to friend, he needs to first try to get information about defendant's jobs and assets.

So he needs to deliver the order to obtain information personally to defendant. He asked me to give the court order to defendant personally.

Can I deliver the order on behalf of my friend ?
If I deliver , then what should friend do ?
How to inform court that it has been delivered ?
Should I give any evidence ?

[des8]

Re: Re issue the court order ..please advise

Following nudge on other thread(!) an order to obtain information from a judgement debtor has to be delivered personally (CPR 71 3).
This means in effect that it has to be handed to the debtor, and most people would actually employ a professional process server.
If you intend handing it over personally for your friend, you must ensure you comply with all Data protection and Human Rights laws.
Also useful to be quick on your feet as the debtor may not take kindly to being served court orders!
Advantage of using a process server is that it makes it more difficult for debtor to deny receipt.

Does your friend realise he may have to pay the debtor a sum reasonably sufficient to cover his travelling expenses to and from court. (CPR 71.4)?

[vctmfraud]

Re: Re issue the court order ..please advise

des8,
Thank you for reply.
Sorry I have post a new thread under a heading .. 'Delivering court order in a foreign country '' . Please find some free time to answer .. Thanks in advance.

[des8]

Re: Re issue the court order ..please advise

des8,
Thank you for reply.
Sorry I have post a new thread under a heading .. 'Delivering court order in a foreign country '' . Please find some free time to answer .. Thanks in advance.

I think Nem has responded already
Which country?

[vctmfraud]

Re: Re issue the court order ..please advise

He went to INDIA..