Hi,

I am in the process of getting payment from my ex boss through the small claims court.

I have received judgement from the courts and would like to make a warrant of execution. However, the only addresses I have for him are his parents house (where he used to live) and the apartment block he now lives in. But unfortunately I don't have his flat number.

Would I be able to just give the apartment block and hope that the bailiffs would be able to get his flat number from the people on reception at the building or not?

Thanks!

Welcome to CAG

What address did you use on your claim ?

Andy

Welcome to CAG

 

What address did you use on your claim ?

 

 

Andy

Thanks for you reply. I used his parents address in the claim.

Okay - Did he defend the claim? If so he would be aware as he recieved the court papers to defend.

I guess you could raise the Warrant to his Parents address and see what happens - I think you could potentially also recover costs from the debtor if it goes for a Warrant?

No he didn't defend the claim, so I'm not certain he received the papers. Although I know he stays at his parents house often so it's very likely he has.

I could raise the warrant to his parents house but I doubt he has any valuable possessions there.

So a default Judgment and he will now be aware assuming his parents pass him his mail.

What is the value of the claim ? (round figure)

Why did you serve it to his parents address and not the business...your ex place of employment ?

Providing a valid address for each Defendant

You need to provide a full address within England and Wales for each defendant,including the post code. This is known as their service address. MCOL does not have

jurisdiction outside England and Wales, claims issued to addresses outside England and Wales will be invalid.

 if the defendant is an individual the claim must be served to their usual or last known residential address

 if the defendant is an individual using a trading alias then the claim may be served to their usual or last known residential address or their place of business

 if the defendant is an organisation then the claim may be served to their registered office or to the address where you have been dealing with them

Further information on choosing the address for service correctly can be found in the Civil Procedure Rules 6.9.

As for now serving a Warrant you will have to find out his address or alternatively serve the warrant to a place of his business.You could have changed the defendants details when you requested judgment and the judgment would have been issued with the current address.

If you wish to apply for a warrant of execution, this can be requested online. For all other methods you must contact the court to request a ‘transfer for enforcement’. Once you receive the notice of transfer you may contact the appropriate court directly in order to apply to enforce your judgment. You will no longer be able to see updates online and you will need to contact the court of transfer for future correspondence.

If the judgment is for more than £600 you may be able to ask a High Court Enforcement Officer (HCEO) to try to collect the money or remove goods to sell at auction. Whilst you

cannot request a Writ online, you do not need to request a transfer to another court. The HCEO will be able to arrange the Writ. Please note

MCOL cannot advise how to issue a Writ, or provide updates on the progress of the Writ. You will not be able to view updates on the progress of the Writ online, you will need to liaise with the HCEO.

More information about HCEOs can be found in booklet EX345 (About Bailiffs and Enforcement Officers), which can be downloaded from http://www.justice.gov.uk/forms. Additional information can be found at http://www.justice.gov.uk/courts/enforcement-officers, which includes the Directory of Enforcement Officers, as well as via the High Court Enforcement

Regards

Andy

I have moved your thread to General Legal Issues Forum..please continue to post here to your thread.

Thanks for you reply. I used his parents address in the claim.

So you served at an address you know he doesn't live at?

You may be in trouble if he applies to set aside the default judgment.

Bailiffs to his parent's address, where you know he doesn't live, would probably end up being a waste of time and money and be a little unfair on his innocent parents who don't have anything to do with this debt.

The value of my claim is £5000.

The office I was working in no longer exists as he struck off the company. I have tried very hard to find his current address but have failed to get the apartment number so used the last known one as it was my only option.

If I were to make a third party debt order instead, would the fact that I have used his previous address matter?

I have just read about the N316 form on this forum. Could I get him to attend court for questioning to find out his real address and then change it or is it too late?

Thanks so much!

You can utilize a third party debt order if you have his bank account details and yes you could use the N316 providing he receives it ?

The value of my claim is £5000.

 

The office I was working in no longer exists as he struck off the company. I have tried very hard to find his current address but have failed to get the apartment number so used the last known one as it was my only option.

 

If I were to make a third party debt order instead, would the fact that I have used his previous address matter?

 

I have just read about the N316 form on this forum. Could I get him to attend court for questioning to find out his real address and then change it or is it too late?

 

Thanks so much!

You need to personally serve a debtor with an order to attend Court for questioning, but you can't as you don't have his address!

Do you know his personal bank account details?

Sit in your car outside his block and when he comes in send a friend with him in the lift.

At least you'll be able to narrow down what floor he lives and then a few knocks on doors on that floor, maybe to hand over missing cat leaflets or double glazing, will give you certainty of his flat number.

HCEOs can & do utilise tracing services but it will be an extra cost.