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Applying for Debtor to attend court N316 questions about N39 personal service
Hi,
I'm trying to make a debtor attend court for questioning on an unpaid CCJ and am looking to complete N316, but have some questions especially regarding personal service of N39 if anyone can help, please.
I assume on the N316, I must put the debtor's name and address as listed on the CCJ. However, I am not sure this will be successful in actually serving this to the debtor personally, because:
1. The address was the last "known address" of the debtor. It is his family's address, but I think they have kicked him out. It is the only address I have for him. But if it has to be served in person, how would that work? He doesn't have a work address or any other addresses I can trace.
2. The name on the CCJ is his "anglicised name", which was written on the contract under dispute. However, I have since discovered that his legal name is different. There is evidence all over the internet that he is the same person. But surely he could just produce his passport if anyone tried to serve him with the paperwork with the anglicised name and say it's not him?
3. Assuming the other two question can be answered, how can I get the court to serve the order rather than me personally? I'm off sick and have mobility issues. I honestly don't need the stress of meeting him either. There is no space on the N316 to request them to serve the N39, so how do I do it?
Thanks if anyone can help with this.
I'm trying to make a debtor attend court for questioning on an unpaid CCJ and am looking to complete N316, but have some questions especially regarding personal service of N39 if anyone can help, please.
I assume on the N316, I must put the debtor's name and address as listed on the CCJ. However, I am not sure this will be successful in actually serving this to the debtor personally, because:
1. The address was the last "known address" of the debtor. It is his family's address, but I think they have kicked him out. It is the only address I have for him. But if it has to be served in person, how would that work? He doesn't have a work address or any other addresses I can trace.
2. The name on the CCJ is his "anglicised name", which was written on the contract under dispute. However, I have since discovered that his legal name is different. There is evidence all over the internet that he is the same person. But surely he could just produce his passport if anyone tried to serve him with the paperwork with the anglicised name and say it's not him?
3. Assuming the other two question can be answered, how can I get the court to serve the order rather than me personally? I'm off sick and have mobility issues. I honestly don't need the stress of meeting him either. There is no space on the N316 to request them to serve the N39, so how do I do it?
Thanks if anyone can help with this.
