• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • 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.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Enforcing old judgment

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Enforcing old judgment

    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
    Tags: None

  • #2
    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?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #3
      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

      Comment


      • #4
        Are they still keeping up paying the £1 per month?

        Comment


        • #5
          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

          Comment


          • #6
            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.

            Comment


            • #7
              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.
              Last edited by Helpme2019; 12th September 2019, 21:48:PM.

              Comment


              • #8
                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

                Comment


                • #9
                  Originally posted by Helpme2019 View Post
                  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.

                  Comment


                  • #10
                    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

                    Comment


                    • #11
                      Hi

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

                      Many thanks

                      Comment


                      • #12
                        Originally posted by Helpme2019 View Post
                        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.

                        Originally posted by Helpme2019 View Post
                        - 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.

                        Originally posted by Helpme2019 View Post
                        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.

                        Originally posted by Helpme2019 View Post
                        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.

                        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                        Comment


                        • #13
                          Hi

                          Thank you for taking the time to answer my queries.

                          Many thanks

                          Comment


                          • #14
                            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.

                            Comment


                            • #15
                              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,

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse
                              1 of 2 < >

                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Witness Statements
                              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 < >

                              Need Formal Help?




                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              See more
                              See less

                              Court Claim ?

                              Guides and Letters



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Loading...
                              Working...
                              X