Enforcing old judgment

[Helpme2019]

Hi

Hoping this is posted in correct place?

I have an old judgment against an individual that I wish to enforce. The original judgment was issued in 2010. I subsequently did an order for questioning on a couple of occasions, but the individual managed to 'lose' their income and assets, and so it ended up in 2012 with a judge ordering that they pay £1 per month.

I have just discovered that they are now employed in a high paid position and so want to maybe apply for attachment of earnings or maybe another order for questioning prior to this.

Am I still able to do this and howwould I go about it (i.e. what forms, fee, etc)?

Any help would be appreciated!

Thanks

[Amethyst]

You could apply to vary the £1 order to take account of their new circumstances. https://www.gov.uk/government/public...ariation-order

First it would be an idea to write to the judgment debtor and tell them you intend to apply to court to vary the instalment order and request attachment of earnings and ask if they wish to increase their payment amounts voluntarily first. You could also consider making an offer for them to settle the judgment in full ( probably offer a discounted amount for them to do this - rather than have the amount increased to £50 a month for however long )

How much approx. is the judgment you hold for?

[Helpme2019]

Hi

Thanks for your prompt response.

Can I still apply to vary the Order that dates back to 2012?

The judgment is for £2000

Thanks

[ploddertom]

Are they still keeping up paying the £1 per month?

[Helpme2019]

Hi

No, they haven't kept up with the payments. Are there different options available to me based upon whether they are in arrears or not?

Thanks

[ploddertom]

You should ave dragged them back to Court each time they failed to pay. It's a shame you have left it this long as you could have taken alternative action given the sum owing.As the Variation Order is still in place you can apply yourself to have it altered but would suggest you look at a minimum of £100 per month as I don't doubt they would resist and want to settle at a lower rate.

[Helpme2019]

Hi

Thanks for your reply.

The debtor got rid of all of their income etc, so it was pointless pursuing them via any other method at the time. I have just discovered, however, that they are now employed in a well paid position and so am looking at how I can now either get the debt paid in full or increase the instalments.

Sorry if I sound dim, but what is a variation order? Is this the order for £1 per month...i.e. this order varied the judgment that ordered payment forthwith?

Is there no time limit on applying to vary an order in these circumstances?

What other options are available to me? Can I apply for an order for questioning and then maybe a third-party debt order or attachment to earnings? I presume High Court enforcement is no longer an option?

Information found on Google seems to suggest I would have to get permission from the court to take enforcement action now, as the ccj is older than 6 years...is this correct? If so, how do I apply for permission and how likely is it that the court would grant permission based upon the fact that I have only just discovered the debtor's circumstances have changed?

Thanks again.

[Helpme2019]

Hi

Just wondering if anybody knows the answers to my queries, specifically-

Is the order for £1 per month a variation order?...i.e. this order varied the judgment that ordered payment forthwith?

Is there no time limit on applying to vary an order in these circumstances?

What other options are available to me?

Can I apply for an order for questioning and then maybe a third-party debt order or attachment to earnings?

I presume High Court enforcement is no longer an option?

Do I need permission from the court to take enforcement action now, as the ccj is older than 6 years?

How do I apply for permission and how likely is it that the court would grant permission based upon the fact that I have only just discovered the debtor's circumstances have changed?

I really do appreciate the assistance!

Thanks

[ploddertom]

Hi

Just wondering if anybody knows the answers to my queries, specifically-

Is the order for £1 per month a variation order?...i.e. this order varied the judgment that ordered payment forthwith? - Yes

Is there no time limit on applying to vary an order in these circumstances? - I would argue that as long as the last payment made was within the last 6 years then yes.

What other options are available to me?

Can I apply for an order for questioning and then maybe a third-party debt order or attachment to earnings?

I presume High Court enforcement is no longer an option? - You would need to speak to a company to find out.

Do I need permission from the court to take enforcement action now, as the ccj is older than 6 years? - The CCJ may be older than 6 years but when was the last payment made

How do I apply for permission and how likely is it that the court would grant permission based upon the fact that I have only just discovered the debtor's circumstances have changed?

I really do appreciate the assistance!

Thanks

See above in red.

[Helpme2019]

Hi,

Thanks for taking the time to respond again.

I think I understand now...please could you confirm the following is correct -

- If the last payment was made within the last 6 years, I can apply to vary the order, but, if it is more than 6 years ago, I can't?

- I can take enforcement action if the debtor has stopped paying, so long as the last payment was made within the last 6 years, but, if the last payment was more than 6 years ago, I will need permission of the court to take enforcement action?

If I do require permission from the court, how do I apply for this (i.e. what form, fee, etc) and how likely is it that the court would grant permission based upon the fact that I have only just discovered the debtor's circumstances have changed?

Also, if I am able to apply to vary the order, can I request an order for questioning prior to this in order to ascertain how much the debtor is able to pay per month or do I have to apply to vary the order blind so to speak (i.e. without knowledge of the debtor's current financial circumstances)?

Many thanks

[Helpme2019]

Hi

Would really appreciate it if somebody could assist with my 4 queries above.

Many thanks

[jaguarsuk]

Hi,

Thanks for taking the time to respond again.

I think I understand now...please could you confirm the following is correct -

- If the last payment was made within the last 6 years, I can apply to vary the order, but, if it is more than 6 years ago, I can't?

Yes as long as the debtor defaulted on the judgement within the last 6 years the CoA falls within the time allowed under the Limitations Act 1980.

- I can take enforcement action if the debtor has stopped paying, so long as the last payment was made within the last 6 years, but, if the last payment was more than 6 years ago, I will need permission of the court to take enforcement action?

Correct.

If I do require permission from the court, how do I apply for this (i.e. what form, fee, etc) and how likely is it that the court would grant permission based upon the fact that I have only just discovered the debtor's circumstances have changed?

Form N244 would be used to apply with the fee of £255. Having good reason to vary the order and being prompt in applying to do so would mean a better likelihood of success.

Also, if I am able to apply to vary the order, can I request an order for questioning prior to this in order to ascertain how much the debtor is able to pay per month or do I have to apply to vary the order blind so to speak (i.e. without knowledge of the debtor's current financial circumstances)?

Many thanks

You can ask for anything from the court, whether the Judge grants it is a different story.

People change and this higher paying job would come with considerable responsibility, which may mean the debtor is very much a different person to the once you obtained judgement on 9 years ago. I would suggest seeking them to voluntarily increase or settle in full as advised above would be your first course of action.

They may have moved banks and forgotten to transfer the standing order for paying you as opposed to have stopped it on purpose.

Also they may not, but at least you then know court is your last option.

[Helpme2019]

Hi

Thank you for taking the time to answer my queries.

Many thanks

[Helpme2019]

Hi

Sorry to bother you again.

Am in the process of applying to vary the order, but just thought, given what the debtor did prior to the order being made (i.e. 'losing' all of their assets and income), I am concerned they may try to say they have sent payment through the post and that I have just not received it.

Does the debtor have to have defaulted on the judgment (i.e. failed to pay the £1 when it was due) for me to apply to vary the order, or can I do this anyway due to me becoming aware that their financial circumstances have changed and so I believe they can afford to pay more per month or, indeed, settle the debt in full?

Many thanks.

[ploddertom]

You can - as can your Defendant - apply to vary the order at any time. Normally as Claimant you want to up payments whereas the Defendant will want to reduce them. If neither side will agree to the Variation then often the Court/Judge will decide. As the person who is going to pay will normally have to produce a summary of their Income/Expenditure and as you have found out can be quite inventive. If of course you have concrete proof of their change of circumstances then you should provide it - there are some who will jack their job in if it looks as if they are going to have to pay more,