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Enforcement of a CCJ

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  • Enforcement of a CCJ

    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
    Tags: None

  • #2
    Does he own a house? Can you put a charge on the property? I did this to someone who owed me 6k and was paying £100 a month. Recently his son got in touch and paid off the debt (I assume he wanted to sell the house?)

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    • #3
      It won't harm to get an Order for them to attend for questioning as all is done under oath, therefore if they lie and are found out then contempt proceedings may follow. If they decide to ignore the Order then a Warrant for their arrest may be issued. Could make them squirm.

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      • #4
        Thanks for both replies
        to answer the questions
        no he doesn’t own a house, just the £10k that is hidden. In his witness statement he admitted to owning the classic car but has now changed his mind and claims it was owned by someone else
        ploddertom - so following attending court for questioning if the judge is satisfied he has this money can the judge then “order” that it be paid and then if it isn’t contempt of court and arrest follows??

        Comment


        • #5
          I think you can freeze his bank accounts if you know the numbers but have never done so. I would doubt that anyone would be arrested in the situation above. How would the judge find out he had the money if he denies it? They are not going to track his spending habits for the next few years...

          Comment


          • #6
            Thanks for your reply. He is almost certainly going to lie at the questions session as he has lied all the way through. It is very easy for me to prove that they are lies as he is now contradicting his witness statement. I also have a copy of his messages on Internet forums confirming he has sold the car and how much for
            If he lies under oath then isn’t this contempt of court??
            At the moment I’m not getting anywhere regarding a lump sum payment as he has made no efforts at all to pay any of the debt. I do have the attachment of earnings now though

            Comment

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