Tweet
Hello I’m seeking advice/clarification for a friend. They are currently awaiting a court case regarding Fraud and Kindred Offences and they have received a Restraint Order prohibiting them from having dealings regarding their asset: their home. What does this mean in layman’s terms please? And can their house be used to pay back any fine or money deemed to be owed by them at the end of the court case? Thank you
Loading...
-
Tags: None -
It means that you cannot sell your home or charge/mortgage it. It sounds like this is a freezing order. You should get legal advice.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
thank you for your reply, my friends are finding it had getting legal advice due to costs and don’t qualify for legal aid as they’re just over the limit. Both their names are listed in the deeds to the house which they own outright, if one of them is found guilty to fraud can the house still be taken away from the non-guilty partner?
Originally posted by atticus View PostComment
-
Definitive answers are not possible on that little information. It is possible that the joint ownership may be challenged. But your friend is (or friends are) clearly in big trouble.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
-
Yes it can be used to pay back any fine or money deemed owed. That is sort of the point. They can force a sale and use the proceeds to pay back any orders made.Originally posted by Me1960 View Post
However if your friend is on fraud charges they should have a laywer? And said lawyer should be able to answer such questions.
I hope you aren't trying to say that a lay person is self representing in a fraud trial?Comment
1 of 2
<
>
SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
2 of 2
<
>
Support LegalBeagles
LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.
See more
See less
Comment