Amending Defendant's name and address After Judgement!

[Will2050]

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

@wales01man I'm also taking him to be questioned but need the name to be corrected first. I'm not aware if he has any other aliases.
@R0b what does it mean in plain English? does it mean I should submit the N244 form to make the amendments as a Creditor?

@nemesis45 yes I think it's safer to do so - I've contacted the court to ask them also.

[R0b]

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

In plain English, it means as I interpret it, when you make an application to issue a writ of control, as part of the application you include a Witness Statement that the name and address of the debtor on the original judgment is different to the name/address you are wanting to enforce the Writ. You then go on to explain that the debtor has changed their name and address to avoid liability, evidenced by the trace report you have and that you wish to enforce the judgment against the name of the debtor at that address.

The Court Officer who issues the writ will consider your evidence and determine if the name of the debtor on the judgment is the same as the person you wish to enforce and if granted, will word the writ accordingly as above.

The other and safest option as pointed out is to vary the order which will set you back in terms of enforcement.

[Will2050]

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

Thanks [MENTION=71570]R0b[/MENTION], it makes sense.

The only problem is that the Writ of Control is for Bailiff only. If I'd like to apply for Order to Obtain Information then again it becomes complicated because his new name is not on the judgement so I'll have to provide another witness statement as you mentioned, not sure....Or if I want to seek other enforcement methods it becomes more complicated.

I've got few remaining questions on the N244 form:
1)
It asks for Name of the Court; I'd guess it's the local county court rather than the MCOL court?

2)
Have you attached a draft of the order you're applying for?
What is a draft of order like? is it another form?

3)
What level of judge does your hearing need?

[Will2050]

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

I realized there is a risk that the judge wants to have a hearing if I send the N244 form:

"A Court can deal with an application without a hearing if the parties agree to the terms of the Order sought, or if the parties agree that a hearing is not necessary or the Court takes the view that a hearing would be appropriate.
Where the Applicant requests that the application be dealt with without a hearing the Court may still list the matter for a hearing if it considers a hearing to be necessary."

http://s3-eu-west-1.amazonaws.com/hm...-notes-eng.pdf

[R0b]

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

Thanks @R0b, it makes sense.

The only problem is that the Writ of Control is for Bailiff only. If I'd like to apply for Order to Obtain Information then again it becomes complicated because his new name is not on the judgement so I'll have to provide another witness statement as you mentioned, not sure....Or if I want to seek other enforcement methods it becomes more complicated.

I've got few remaining questions on the N244 form:
1)
It asks for Name of the Court; I'd guess it's the local county court rather than the MCOL court?

2)
Have you attached a draft of the order you're applying for?
What is a draft of order like? is it another form?

3)
What level of judge does your hearing need?

1. The Court that heard your claim, in the order you are seeking you are best off referencing the Claim Number so they can locate the claim and documents.

2. A draft order is an order of what you are seeking e.g. the name change or alias of the defendant. An example here http://image.slidesharecdn.com/65e90...?cb=1443607045

3. District Judge

By the way, I referenced CPR 83.10 previous but that relates to writs of control for High Court enforcement and not County Court. The same position applies in CPR 83.18 and having looked at the White Book (an annotated bible of the CPR) it says the following.

"Effect of the Rule"
Although only concerned with writs, this provision has its origins in the County Court. It enables the creditor to satisfy the court that the address and/or name of either itself or the debtor is/are different from that in the judgment or order, but that enforcement should proceed nonetheless.

"Satisfies the Court Officer"
Note that the rule specifically requires the court officer to be satisfied based on the evidence in a witness statement or affidavit. It does not appear that a formal application notice in Form N244 is necessary.

It would therefore seem that for the same cost of an N244 without hearing application you could make an application for warrant of control and simply provide an Affidavit or Witness Statement request that the judgment should be enforced against the new name of the defendant with evidence. An N244 application does not seem necessary.

I have no knowledge of making applications of warrants of control but I can't imagine it being too difficult. Of course you can go the N244 route and as you say the judge could order a hearing for further information which might alert the defendant.

[Will2050]

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

Thanks yes. the Bailiff will apply for Writ of Control and I can probably write for them a Witness Statement.

Warrant of Control is for small amounts under £5k I think and doesn't involve high court. Writ of control is the same thing but for larger amounts and involve the High Court:

https://www.citizensadvice.org.uk/de...orised-to-act/

So it seems I have 2 options 1) Going to the N244 route 2) Going ahead with High Court Enforcement and provide them a Witness Statement so that when they apply for Writ of Control they get the enforcement authority for both names "Alex...(Ali ....)"

So next action is to discuss with the HCEO... regarding Witness Statement

[Will2050]

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

Are you sure the fee is £100? to amend the defendant's name on the judgement after the judgement issued.

Any link I can check online?

[des8]

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

check here:https://www.gov.uk/government/public...vil-court-fees

I think Section 5 applicable if using N244

By consent or without notice where no other fee is specified

£100