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Ive taken a former friend to small claims claims court, judgement given my way

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  • #16
    The form to fill in is an N323 not EX233. This will result in a bailiff knocking on his door and getting nowhere.
    I think you are wasting your time and money unless you know he has assets like a car on the drive.
    You would need to transfer it to the high court to get a bailiff interested in making fees and my views on this are listed above, again I think you are wasting your time and will end up even further out of pocket.
    In fact, unless you are owed more than 600 quid you can't escalate this to the high court anyway.

    An attachment of earnings order is, in my opinion, your best option.
    Fill in form N337 and send it to the money claims centre with the fee of 100 quid. Add a cover sheet pointing the situation out.
    He will get a form from the court to fill in, stating his means. If he ignores it he can, in theory at least, be arrested. Although it's rare for a judge to issue an arrest warrant in these cases.
    More likely is that the court will decide he has to pay a certain sum and send a letter to his employer instructing them to deduct payments from his salary.
    The obvious problem here is that he owns the company he is employed by and could simply ignore that as well. Once the letter arrives though, his partner may not be impressed and may force him to take care of the matter.

    As far as social media is concerned I'd be very wary of posting anything publicly, you could be prosecuted under a multitude of acts including slander, libel and telecommunications laws.
    You could perhaps send a private message pointing the situation out (do not make threats). Or you could even write politely to his business partner and do the same.

    Good luck
    Last edited by luxardo; 1st January 2020, 07:21:AM.

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    • #17
      I'd be wary of writing to his business partner for the same reasons that posting on social media is a bad idea. Stick to standard official enforcement methods or you risk it costing you more than the judgment is worth.
      #staysafestayhome

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      • #18
        If you intend applying for an attachment of earnings I suggest you first ensure he is employed by the company as well as being a director.

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        • #19
          Thanks he is definitely employed by the company taking a wage and dividends.

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          • #20
            Originally posted by Amethyst View Post
            I'd be wary of writing to his business partner for the same reasons that posting on social media is a bad idea. Stick to standard official enforcement methods or you risk it costing you more than the judgment is worth.
            His business partner is a former drug dealer and smackhead, i wont be writing to him.

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