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General Form of Judgement but what next?


andy29
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Hi all

 

I hope you can help me a little?

 

I have a general Form of Judgement or Order (dated 27th November) from the small claims court in order to claim £800 from a dodgy workmen and I have just found out the defendent has filed for a new hearing date (April) as he wants to break the payment of this sum up into smaller parts than the £800 he has been ordered to pay :mad:

 

I have very strong doubts the defendent will actually pay this even split into these instalments so what can I do:confused:

 

 

I think the defendent is trying to sell his hosue so should I put a charge on his property and if so how do I do this?

 

Should I send a letter to the courts rather than turn up for the hearing expressing my concerns and stating I am wanting a minimum payment of £100 per month to be paid?

 

Can I get baliffs involved to claim my money?

 

Cheers in advance for you help.

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the defendent has filed for a new hearing date (April) as he wants to break the payment of this sum up into smaller parts than the £800 he has been ordered to pay

He is quite within his rights to ask for an installment order if he can not pay the amount in a lump sum.
I have very strong doubts the defendent will actually pay this even split into these instalments so what can I do
You can't do anything until an installment order is awarded and then defaulted on. Once it has been defaulted on you can apply for various things to enforce the debt, e.g. arrestment of bank account or wages.
Should I send a letter to the courts rather than turn up for the hearing expressing my concerns and stating I am wanting a minimum payment of £100 per month to be paid?

The installment order, if awarded, would be based on what he can afford to pay - not what you want him to pay. Although you are perfectly within your rights to express a minimum level of payment that would be acceptable the judge does not necesssarily have to take this into account.
Can I get baliffs involved to claim my money?

No, as the debt is subject to further legal proceedings.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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