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Assistance completing form N316

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  • Assistance completing form N316

    HI
    I have won judgement and am now completing N316 in order to make the defendant attend court for questioning. I have a couple of queries about filling in the form:

    Question 2. Judgment debt or order [The judgment or order required the judgment debtor to pay £ (including any costs and interest). Is this the amount of the original judgement ?


    The amount now owing is £ [which includes further interest payable on the judgment debt]]. I take it that this is the original judgement plus the £50 for bringing this action


    [The judgment or order required the judgment debtor to ??? Is this just a repeat of the first question above (original judgement) plus the directions from the court that it was to be paid in full


    Sorry to ask such a basic question

    Derek
    Tags: None

  • #2
    There are two possible responses for section 2. This is indicated by the fact that they are both enclosed in [square brackets]. So you either fill in the gaps in the first response (A) , or in the second (B). (B) is for when the court has ordered something other than payment of money.
    The ordinary brackets around 'including any costs and interest' means that that part of the sentence is automatically included in response (A), so it reads:
    The judgment or order required the judgment debtor to pay £XYZ (including any costs and interest).
    so you put the amount set out in the order after the first £ sign in (A).
    If the Court order does not make provision for payment of interest on the judgment debt then the figure after the second £ sign in response (A) is the same figure after the first £ sign. So it reads:
    The judgment or order required the judgment debtor to pay £XYZ (including any costs and interest). The amount now owing is £ABC [and cross out the words between square brackets.]]
    If and only if the court set an interest provision for payment of interest on the judgment debt (something like '...payment of interest at the rate of 43p per day until payment or further order...' then you can calculate how many days have passed since the date of the order and can add 43p per each of those days and add that sum to the sum after the first £ sign in response (A) and and put that figure after the second £ sign.
    The judgment or order required the judgment debtor to pay £XYZ (including any costs and interest). The amount now owing is £DEF [which includes further interest payable on the judgment debt.]]
    Hope that's clear.

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