Amending Defendant's name and address After Judgement!

[Will2050]

I've got a judgement against an individual named Ali.

Then got a Trace Report that shows his new home address and also it shows that he has started using another name also, Alex (for Electoral Roll and Companies House)! So on the claim form I should have ideally written Mr Ali Mo... (Alex Cy...)

Considering it's after judgement, which form should I fill in? do I have to re-serve the claim form? do I have to set-aside judgement? What's the process?

I wish I could just amend these details without having to re-serve the claim form and setting aside the judgement.

I could proceed with his old name and address but it will probably fail to get any money back so I'd like to add his new name.

[des8]

Re: Amending Defendant's name and address After Judgement!

Assuming this is a County Court Judgement I think you need to use N244 (fee payable £100 ?)

[nemesis45]

Re: Amending Defendant's name and address After Judgement!

Ali .............. AKA..............................Alex
of Old address.................... Now of new address.

nem

[Will2050]

Re: Amending Defendant's name and address After Judgement!

Thank you.

So I don't have to set aside the judgement right?

On N244 it's asking
Who should be served with this application?
Also the service address?

What should I write there?

My details or defendant's new name and address or just leave it blank?

[nemesis45]

Re: Amending Defendant's name and address After Judgement!

Thank you.

So I don't have to set aside the judgement right?

On N244 it's asking
Who should be served with this application?
Also the service address?

What should I write there?

My details or defendant's new name and address or just leave it blank?

The Defendant directly is he is not legally represented, his current address( defendant).

nem

[R0b]

Re: Amending Defendant's name and address After Judgement!

If you have got judgment already, I am not entirely sure you would need to vary the order if he can be sufficiently identified as the trace report shows that. Is the judgment against Ali personally or a company (you mentioned companies house)?

What if he changes his name again? It would be silly to pay each time to vary the order when he changes a name, not that he would but its just an example. Has he actually changed his name by deed poll? If you have proof that he went by the name of Ali, you could ask the court under any enforcement action you take to add his current details to the order as to what he goes by now.

Edit: Just to add, this is assuming you were aware at the time of the claim he was named Ali and not Alex.

[Will2050]

Re: Amending Defendant's name and address After Judgement!

It's against him personally.

I found his new name (Alex) from electoral roll which was confirmed by the TraceReport since early 2016. In 2015, he was registered under Ali.

At the time of the claim and judgement, I had no clue he has a new name and address. I found them out afterwards via a Trace Report.

[R0b]

Re: Amending Defendant's name and address After Judgement!

Well I think you should be fine, the claim form initially should have included the full name of the person by which he is known and you say you only realised this after you have amended it.

If you do take enforcement action, I think you should be fine if you mention that the person named on the judgment was known at the time as Ali X and after a trace report you only then become aware that he is now known as Alex Y, which would appear on the face of it that he is trying to avoid his liabilities. He is still identifiable as being the defendant on the judgment and so you should be able to continue to enforce the judgment against him.

[Will2050]

Re: Amending Defendant's name and address After Judgement!

You're probably right.

The main difference would be that the CCJ is registered against his old name that he doesn't use. If I submit N244 then his new name will also get CCJ.

[R0b]

Re: Amending Defendant's name and address After Judgement!

And if he changes his name back to Ali, are you going to submit another N244 to put it right again? The name will change you won't get a CCJ under both names as the application will vary the Order from Ali to Alex

[Amethyst]

Re: Amending Defendant's name and address After Judgement!

Is the surname the same ?

How are you intending to enforce the judgment ? ( have you applied for a warrant of execution ?)

[Will2050]

Re: Amending Defendant's name and address After Judgement!

No the surname is different also. He changed his name to start a new Car business I believe.

I spoke with an HCEO and they said best practice is to submit an N244 form and add aliases to the judgement.

But it'll cost me like a week work as well as at least £100 also it delays the enforcement for 1-2 months until the new judgement is issued etc....

[wales01man]

Re: Amending Defendant's name and address After Judgement!

Sorry o ask but what if he has other aliases seems to me your up against it trying to get the money
Have you had more thoughts about getting him to court to be questioned on his finances?

[nemesis45]

Re: Amending Defendant's name and address After Judgement!

The HCEO is right in my opinion all the alias' should be added.
nem

[R0b]

Re: Amending Defendant's name and address After Judgement!

CPR 83.10

https://www.justice.gov.uk/courts/pr...ovisions#83.10

(1) This rule applies where the name or address of the creditor or debtor as given in the request for the issue of the following differs from that person’s name or address in the judgment or order sought to be enforced—(a) a writ of control;
(b) writ of delivery.
(2) If the creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the creditor or the debtor will be described in the writ as 'CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]'.

There may be occasion where the name and address of either the judgment debtor(s) or the judgment creditor(s) as you wish it to appear in the writ of control is different to that which appears in the judgment or order you are seeking to enforce. This may well arise in relation to the judgment debtor's address.

In such a case provided that the judgment creditor files a witness statement that satisfies the court officer that the name or address given in the request to issue is applicable to the person concerned, then the judgment creditor or the judgment debtor will be described in the writ of control as 'CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]'.