Amending court order

[Guest]

Hi, I received a court order in my company name for nearly 15k, the defendant has transferred (sold for £1, assets close to 150k) all assets to a new company also owned by himself, now saying he/the company have no assets or funds to pay. Can I get order amended to show new company name.* Thank you

[jaguarsuk]

No, your claim was against the old company and cannot be enforced against the new one.

You can try to get a writ of control to see if High Court Enforcement Officers can get the money, often charlatans trying this trick don't properly transfer the assets. It would cost £66 to transfer up and if they are not able to enforce a compliance fee of £95.

Basically it's whether you want to risk throwing good money after bad.

[R0b]

Probably have to look at making a petition to wind up the company, call in the liquidators and claim there's been a transaction at an undervalue. Liquidators will investigate and could potentially bring proceedings against the director for personal liability, or unwind the transaction, or disqualify the person from becoming a director for a period of years or any combination of remedies available to them.

It can be a lengthy process, and doesn't guarantee you will get your money back anyway but with a sizeable chunk of debt, it might be worth considering (with legal advice).