A Simple 'judgement' Question

[daw]

Following a judgement GIVEN through MCOL what EXACTLY should a person receive, from whom and by what means?

[pt2537]

can you expand a little please daw

[daw]

Ok, a default judgement is given.

1) What does the court send to you, documentation wise ?

2) Does the solicitor acting for the claimant send you anything ?

[tonycee]

1) What does the court send to you, documentation wise

 

The court will send you, and the defendant, form,

N30 Judgement for Claimant ( in default )

 

This explains that the defendant has one month from date of judgement to pay you.

 

2) Does the solicitor acting for the claimant send you anything ?

 

No, probably not.

You should however hear from the defendant regarding payment.

Dont count on this though.

If after one month you have not been paid, you have to enforce the judgement, the courts will not do it unless you ask them to.

Have a read hereEnforcing Judgmentthis will tell you what to do.

 

Finally, please be aware that the defendant can apply to have the judgement " Set Aside " at any time.

 

A lot will depend on, who, what, when, and why.

Any problems just shout.

Good luck.

[The GodMother]

Daw and tonycee.

 

Tonycee i hate to be rude but you are Wrong in sum of your info. I know this as i have just had judgement passed on a few ppl who have failed to file as in the default judgement.

 

If you are the Claimant then when they recieved you documents, N1, You or your representive would have been sent a N205A Notice of issue (spefified amount) if you requested a specified amount.

 

This would have told you on it what date the Defendant has to file by this is normally near the top. My paperwork says. You claim was issued on XX XX 2007. The court sent it to the defendant by first class post on the XX XX 2007 deemed as served by XX XX 2007, 2 days later, the defendant has until XX XX 2007 to reply.

 

This document also has a request for judgement part which you need to fill in if you have not recieved anything from the courts within 2 working days of the reply date for the defendant.

 

You will need to tick a box saying the defendant has not filed a admission or defence.

 

You will then be asked how the defendant is ordered to pay you tick box one for immediatley box 2 for installmants which you then put in how much you want them to pay each month. Box 3 for in full by you then put the date.

 

Then you just fill out the rest of the form which is for interest, court fees, solicitors costs minus the amounts paid then total payable. then you sign it and send it back to the courts.

 

You and the defendant will then recieve a N30 to say how much the defendant has been orderd to pay each month and buy which date.

 

The rules are different if they did file a defence but not buy much. When they file a defence they will say how much they are willing to pay if they are willing to pay. you then have to tick if you accept ther payment offer or not. If they dont make a payment offer you can tick that box and say in the judgement boxes how much and when you want them to pay.

 

I can post the N205A and the N30 if you want me to Daw.

 

I can also help you if your judgement does not goet paid and how to enforce the judgement.

 

Chrissi

[tonycee]

Hi Chrissi.

 

Please read the thread again and perhaps explain EXACTLY which bits in my sum of info are wrong.

 

You have gone on to answer questions that havent been asked.

[The GodMother]

My whole claim including judgement was done threw MCOL and this is everything l got threw the post from the courts.

 

You were incorrect buy saying that the defendant has one month from date of judgement to pay. As the forms should give the claimant the option of how they should pay. Which can be by a set date, installments which the first one has to be paid within one month of judgement and immediatley

 

Also you were wrong on this line.

 

After one month and you have not been paid yet you have to enforce the judgement.

 

This part is partly true. If they have been ordered to pay you the whole or first installment within one month.

 

If you said they have to make full payment by a certain date, which can be upto 3 months after judgement if you want it to be that long, you cannont enforce judgement if they have not paid you with one month.

 

If l am wrong then the courts are wrong as l have spoken to most of the county courts within a 40 miles of here, There are out of the 6 l spoke to 5, and asked them the same question and they all old me the same thing.

 

 

Chrissi

[tonycee]

My whole claim including judgement was done threw MCOL and this is everything l got threw the post from the courts.

All of mine as both a claimant, and defendant have been done in person.

 

You were incorrect buy saying that the defendant has one month from date of judgement to pay.

Technically you are correct, but,

If you read your form N30 it states,

You must pay the claimant a total of £££££ Forthwith.

 

Definitions of forthwith

immediately: without delay or hesitation; with no time intervening;

It also says,

If you pay in full within one month, you can ask the court to cancel the entry on the register..So on..

 

As the forms should give the claimant the option of how they should pay. Which can be by a set date, installments which the first one has to be paid within one month of judgement and immediatley

Agreed ( at last ) lol , but as the judgement was issued " in default " i doubt if the defendant has requested a payment plan.

 

Also you were wrong on this line.

 

After one month and you have not been paid yet you have to enforce the judgement.

 

This part is partly true. If they have been ordered to pay you the whole or first installment within one month.

See above.

 

I bow to your superior knowledge and stand corrected.

Be Lucky.

TC.

[The GodMother]

your standard issue N205A and your satndard issue N30

[The GodMother]

they were done in photobucket but i cant get any bigger than they are for sum reason

[tonycee]

they were done in photobucket but i cant get any bigger than they are for sum reason

 

No worries. I have a folder full.

[The GodMother]

l posted them for daw so she can see what should be happening.