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How do you action court costs awarded to a defendant against a ltd company. Can I serve a statutory demand or not bother as the company will declare itself bankrupt.
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Re: court costs awarded against ltd co
No you will most likely have to go back to the court that issued the order for the ltd company to pay your costs and a pply for a warrant of execution or charging order if higher than £5,000 in value. The court will then likely issue a warrant of execution (or a charinging order on the companies property) which will likely result in a court bailiff visiting the company and either getting payment or they have the power to lefy goods to the value of the warrant.
Heres some more information on what you can do - Enforcing a Small ClaimPlease note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
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Re: court costs awarded against ltd co
Do you know if the claim was fast tracked? If so, enforcement is fairly quick, about 14 days from date of judgement instead of the more usual 28 days. When the court bailiffs carry out enforcement of the judgement under the fast track procedures, the defendant is literally given only hours to settle before goods are seized. In one case I know of, the court bailiffs gave the owner of a commercial garage just two hours to find £2,000 before they started stripping the premises of equipment. The owner handed the money over within 90 minutes.
Because this judgement is against a limited company, try and find out the details of the directors from Companies House. This is in case they try to put the company into voluntary liquidation in order to avoid paying - it does happen. Also, watch local newspapers, as any liquidation of a company has to be advertised, by law, in a newspaper local to its registered office or principal place of business. You should also check with the Official Receiver (Corporate Section) and Insolvency Service to make sure the directors have not tried or are trying to liquidate the company. I know it may sound a bit OTT, but by covering these bolt holes that company directors use to try to avoid their legal obligations, you can lessen the chances of being left out of pocket.
The very best of luck and I hope you succeed in getting the money you are due.Life is a journey on which we all travel, sometimes together, but never alone.Comment
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