Question Times

[Parlaphone]

Hi,

I am in need of some advice, I have found out this afternoon that my nephew has court tomorrow, nothing like a secret squirrel in the family.

He had a summons for an outstanding debt that I believe was given to him five years ago, it relates to a drunk and disorderly charge. As a result he was given a £3,000 fine and has paid about £900 off. He has now received a letter stating he is being summoned to court with the risk of prison. To my understanding they may also increase the fine by up to 50%, he has made absolutely no preparations for this and rejected an offer over the phone from the court to pay the outstanding balance in three payments. He is hoping that he will be able to come to an agreement over smaller installments over a longer period of time, he is currently on a zero hour contract for a job that he has had for the last 4 months, he takes home about a grand after tax.

His hope is to rock up and walk away with a payment schedule, naturally he is looking at the best case scenario and I am looking at the worst, possible imprisonment.

Can I have any advice on the process tomorrow and the likely outcome? Any help is appreciated?

[lgfa92]

Where there is consideration of imprisonment then they will look at whether or not there has been 'culpable neglect' or 'wilful refusal' to pay. Only if either is found proven can they look at imprisonment.

The action they will take primarily depends on what they have tried. Page 134 of the Adult Court Benchbook has a flow chart that outlines the route that any action will take. The Benchbook is available to members of the bench to assist their decision making.

[Parlaphone]

Thanks for the quick response LGFA92, it seems a little less likely that he will be Imprisoned reviewing that chart however will he be expected to provide proof of current earnings and expenditure over the period? He has not had steady employment, literally no more than a month at a time in the last four years until now where he has been employed for the last three months and has paid about £200 off the debt in that time. Just interested into how they will define culpable neglect.

Really appreciate the detail of the response

[lgfa92]

Thanks for the quick response LGFA92, it seems a little less likely that he will be Imprisoned reviewing that chart however will he be expected to provide proof of current earnings and expenditure over the period? He has not had steady employment, literally no more than a month at a time in the last four years until now where he has been employed for the last three months and has paid about £200 off the debt in that time. Just interested into how they will define culpable neglect.

Really appreciate the detail of the response

Culpable Neglect is pretty much the ability to have paid but couldn't be bothered to actually do so.

If the court haven't tried an attachment then they may be willing to try that for him before any consideration of imprisonment.

As he faces potential imprisonment though he may be able to speak to the duty solicitor at the court - I would suggest he turns up early with any evidence he feels is appropriate, and asks to see if he can speak to the duty solicitor.

[Parlaphone]

Thanks again for the help, when you say an attachment do you mean an attachment order where they will instruct his employer to deduct directly from his wages?!

[lgfa92]

Yes, that's correct re. the attachment.