Form filed by the baiillif if the value of the goods of the debtor is not enough

[resources]

I have a compensation order in my favour.

 

The defendant did not open the door to the bailiff making very difficult for me to enforce my compensation order against him. However the defendant is also in breach of an injunction and there will be soon a hearing concerning this breach of an injunction. And, during this hearing I will ask to the Court that if the defendant is fined for breach of the injunction he is ordered to pay the fine to me so that I will receive at least the amount of this fine.

 

I would like to know which law or CPR deals with this or if I have to make a special application so that to have the fine paid to me.

 

I prefer that the fine is paid to me because contrary to damages if the contemptor does not pay a fine he could be committed to prison. Hence he will be pushed to pay it.

[ploddertom]

As you are now finding out you may have a Judgment in your favour but it is no guarantee you will ever get paid. No one has to open a door to a Bailiff or even speak to one regardless of what they are trying to enforce. Are you sure your Defendant has any assets or means of paying? You may be better off obtaining an Order compelling them to attend for questioning where they will then have to reveal their means.

[resources]

The defendant has enough money to pay me because he received rental income from tenants.However this rental income is paid in cash and will not be showed during a hearing for questioning. It is why I would like to know if the defendant is fined for breach of an injunction this fine can be paid to me because I will receive at least the amount of this fine.

[ploddertom]

In view of what you say this may be better off in the Legal Issues Forum, so will move you there.

[steampowered]

My understanding is that fines are paid to the crown, not to you.

 

He can be ordered to pay you damages for breach of the injunction, if you have suffered loss as a result of the breach.

[resources]

I know that usually the fine goes to the Crown but I have heard sometimes ago I do remember where that in some circumstances the judge can order that the fine is paid to the victim of the breach of the injunction

[resources]

I would like to know if the bailiff has to file a form or a report if he succeeds to enter in the house of a debtor but the value of the belongings found in this house is not enough to have these belongings sold. I would like to know if the bailif has to send a copy of this report or of this form to the creditor.

[brassnecked]

I think the bailiff should return the case as nulla bona,- insufficient goods

[tomtubby]

Which type of debt are you referring to?

[resources]

It is a county court judgement for several thousand of pounds

 

brassnecked says "I think the bailiff should return the case as nulla bona,- insufficient goods". I would like to know if the bailiff has to inform in writing the creditor of his decision and if he has to file a specific form. I would like to know which law or CPR deals with this issue.

[ploddertom]

I assume you have no means of paying this? There are various means of enforcement and not all of them are related to Bailiffs, however the cost of any application is added to the monies you therefore increasing the debt.

 

About the CCJ itself. Did you know about it? Do you agree you owe the monies demanded? Did you defend the action? Was Judgment by Default awarded against you? Has the creditor contacted you since to ask for the money?

 

In certain circumstances you may apply to set the Judgment aside but in this case I would hazard a guess that is not feasible. Are you aware you can apply to the Court for a Variation Order whereby an affordable payment plan can be made.

 

If your creditor so decides there are 2 routes of enforcement available to him that concern Bailiffs. The first is by applying for a Warrant of Execution which if granted will allow the County Court Bailiff to attend - he does contact you first - but you do not have to let him in and make sure anything of value outside is put well away from prying eyes. The second is by transferring the debt to the High Court for enforcement whereby a High Court Enforcement Officer will calll - no prior notice given - again you do not have to let him in although if it is for a business debt he can force entry to commercial premises.

 

There is no form for them to filll in should there be no goods to levy on, they will just make a report to that effect. However your goods are yours do to as you please with them at any time before a levy is made on them. For cars however this must include sending the V5 off and it being insured in the "new owners" name.

[resources]

I am the creditor.

 

You say that the bailiff has just to make a report if there is no good to levy on. I would like to know if this report is put in the file of the case. I would like to know if the debtor could be given a copy of this file and if the bailiff uses a specific form to write this report

[resources]

I am the creditor.

 

You say that the bailiff has just to make a report if there is no good to levy on. I would like to know if this report is put in the file of the case. I would like to know if the debtor could be given a copy of this report and if the bailiff uses a specific form to write this report

[ploddertom]

I am the creditor. - see below

 

You say that the bailiff has just to make a report if there is no good to levy on. I would like to know if this report is put in the file of the case - but only for local use. I would like to know if the debtor could be given a copy of this report - possibly dependent on what the agreement between self & enforcement agency is - and if the bailiff uses a specific form to write this report - No

 

If you are the Creditor and the claim is for several £K then I would suggest you use the services of a High Court Enforcement Officer to enforce the debt. I can't tell you who to use but don't believe everything you read on their websites and biggest isn't always best. Costs of doing this are more than reasonable - £60 for the initial application and the only other fee you may have to pay is in case of an unsuccesful execution of £60 - please note if the claim is for more that £5K then this is the route you have to go. Best way forward is to telephone and discuss - any reputable firm will answer all your queries.

 

As for your other questions then all you would probably get told is that Mr X had insufficient goods.

 

There are a good list of questions @ http://thesheriffsoffice.com/faq

[HCEOs]

PT gives some good advice above.

 

I would also advise that just because the goods of insufficient value to be sold does not mean that payment cannot be obtained from the debtor. You must remember that the replacement costs will far outweigh the sale value at auction. Add to this the unenviable position of them seeing their goods taken and the fact that other forms of enforcement could also be applied to satisfy the judgment means that settling the sums due, whether in full or by arrangement, is a very desirable option to most. It is also the right thing to do of course.

 

However, all of this will come down to the debtors ability to pay and you as the creditor to accept a sensible installment plan if it is the only way to resolve the matter. Too often creditors will not accept a payment arrangement because they think the debtor has more available funds than they do.

[citizenB]

This thread is now in "General Legal Issues"

 

It is purely an administrative move.