Morning Beagles
I have won a CCJ but am struggling to enforce it despite the defendant having £10,000 in cash hidden somewhere.
HCEO have been involved but failed as he basically told them he had no assets, he did a classic car hidden at his parents which they couldn't seize because they couldn't get access to it
He then sold the car for £10,000. I applied for an Attachment of Earnings but on the form he said he had £200 in savings. I applied for a review hearing saying this wasn't true and that he had substantial cash assets. At the review hearing the judge suggested I apply for an order for a debtor to attend court N316 form.
Even if I do this and the defendant admits he has this cash somewhere how do I get to it?? HCEO have failed. I don't have details of where the money is so can't freeze his bank account. At the moment I just have the attachment of earnings of £140 per month on a CCJ award of £17000+. Can the judge at the court appearance simply "order" the defendant to make a cash lump sum payment to me or be held in contempt of court of something if he fails to do so??
If I apply to bankrupt him, the cash, if it is found, will go in fees
Any advice would be gratefully received
I have won a CCJ but am struggling to enforce it despite the defendant having £10,000 in cash hidden somewhere.
HCEO have been involved but failed as he basically told them he had no assets, he did a classic car hidden at his parents which they couldn't seize because they couldn't get access to it
He then sold the car for £10,000. I applied for an Attachment of Earnings but on the form he said he had £200 in savings. I applied for a review hearing saying this wasn't true and that he had substantial cash assets. At the review hearing the judge suggested I apply for an order for a debtor to attend court N316 form.
Even if I do this and the defendant admits he has this cash somewhere how do I get to it?? HCEO have failed. I don't have details of where the money is so can't freeze his bank account. At the moment I just have the attachment of earnings of £140 per month on a CCJ award of £17000+. Can the judge at the court appearance simply "order" the defendant to make a cash lump sum payment to me or be held in contempt of court of something if he fails to do so??
If I apply to bankrupt him, the cash, if it is found, will go in fees
Any advice would be gratefully received
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