Won court case

[kate2222]

I recently won a civil court case where I was the claimant. The claimant is now saying he has no money. He has transferred properties he has abroad into his wifes name for no monetary value and emptied his bank accounts (the ones he disclosed, we know he has more accounts, undisclosed). This was all done 6 months after he was first issued with court proceedings. He has also conveniently divorced his wife. We have proof he is still living in the matrimonial home (owned by his wife) even though he gave the courts a different residential address.
We are now going to apply to have the property transfers revoked and put back to his name. We are also applying to have a notice on his wifes property as he will have a beneficial interest being married to her for at least 10 years. He says he has no income but we know he has private pensions, non of this was disclosed even though we had asked for full disclosure.
We are also applying for a N316 but are pretty certain he will still not give us full disclosure. We are also contemplating making him bankrupt, therefore allowing the trustee in bankruptcy to chase him. The amount we are looking at is approx. £50,000.
He has done nothing but lie during the court process.
Is it possible to request that a credit report is carried out on him at lest that way we may know what other banks he uses/has used. He just cannot be trusted to disclose everything. We know he has ISA's and such but its getting the proof he has them. Any advice would be so much apreciated.

[Kati]

Re: Won court case

I recently won a civil court case where I was the claimant. The claimant is now saying he has no money.

do you mean the defendant is now saying that??

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tagging [MENTION=87380]Diana M[/MENTION] [MENTION=7765]Joanna C[/MENTION] xx

[pt2537]

Re: Won court case

You may be able to enforce this using a number of options

1) Third party debt order if the Defendant is owed money from others
2) Bankruptcy
3) Order to attend Court for questioning about their finances

It sounds to me the sale of the property was a sham and therefore i think youre right to challenge that, of course he would also have an interest in the property due to marriage too, so it seems you have some options

[Joanna C]

Re: Won court case

I would suggest making an application for an Order for Questioning as a priority as then you will know about other creditors etc if you want to consider making him bankrupt.

In one case where I was enforcing Judgment for £120k at the Questioning the Defendant had to disclose a £100,000 insurance claim had just paid out. That same afternoon we applied for a third part order on the bank account - client obtained the £100k,

[kate2222]

Re: Won court case

Thanks so much for the replies. Oops yes I meant defendant not claimant! First thing we are going to do is Order to attend Court for questioning about finances. I just hope he answers truthfully but i doubt he will. Thats if he even turns up!

[pt2537]

Re: Won court case

Thanks so much for the replies. Oops yes I meant defendant not claimant! First thing we are going to do is Order to attend Court for questioning about finances. I just hope he answers truthfully but i doubt he will. Thats if he even turns up!

Contempt of court if he lies, which means the Court could commit to prison

[Joanna C]

Re: Won court case

If he doesn't turn up and doesn't provide a medical certificate the case will be referred to a Circuit Judge for a new date for questioning with a suspended committal (prison) order. If he doesn't turn up on the new date then a warrant for arrest will be issued

[kate2222]

Re: Won court case

Thank you. We also know he has private pensions. We have also asked for a copy of his decree absolute. If they did divorce could we still put a charge on what was the matrimonial home. The property has always belonged to his wife and it is in her sole name. If they did conveniently divorce would his beneficial interest still stand?