Arrestment of earning order

[Lambrettaman]

Last year I rented out a room to make some extra cash to a student. Long story short he did a runner owning rent and left the room in a tip.

Wrote to him at his parents address asking for outstanding amount to be paid or I would go to small claims court to pursue had no response. He failed to turn up at court in Nov&Feb court found in my favour. I tracked him down via his new employer a few weeks ago and engaged the sheriff officers to deliver the decree to his address which gives him 14 days to respond which he didn't.

 

So last week I applied via the sheriff officers an arrestment of earnings order against him. Suddenly now I have his attention and had a call from the CAB stating that the 3rd party doesn't owe anything I explained the situation to the CAB who have then said well sounds like he's had his chances and will now need to engage a solicitor.

 

I've been told by the sheriff officer he cant stop the arrestment of earning order and I know there is no direct right of appeal against the court findings.

 

But I think he can try to get the hearing re-called and would this prevent me from getting the money owed until it was resolved

[Ganymede]

Hi,

 

Is this a Scottish case?

[renegadeimp]

He could have the court order set aside, but only if he can prove that he never recieved the documents, such as you issuing the docs on an address you knew he wasnt living at. IF he was living with his parents, and you sent the docs there, then he has very little chance of getting the court order back to step 1. Hence why he is now panicking because he though he could run off.

[Lambrettaman]

Yes this is a Scottish case, And the sheriff officers confirmed via a neighbor that he still does reside at that address although he works away a bit. He was also traced to another address and I sent a copy of the decree to that which still has not been signed for either.

 

Would I be right in thinking that he has either 14 or 21 days to directly appeal and that the appeal can only be if there is an error on the decree or legal paper work?

[Lambrettaman]

Following my thread yesterday

 

the 3rd party since yesterday has filed for the above scheme I suspect this is to freeze my wages arrestment order against him. I've now been told that I will now not get any money for between 8-12 weeks whilst his case is assessed.

 

A few questions,

 

1, How can I be sure that during this lull he's not trying to hide money to reduce his liability to pay a higher amount as this is based on his disposable income. Would the likes of mobile phones/gym memberships/Sky etc be seen as nonessentials etc

 

2, Can I refuse to accept his offer if I feel what he is offering to pay isn't a reasonable amount.

[honeybee13]

Hello there.

 

I'll merge this with your previous thread, it's better to keep the information together. You don't need a new thread for every new question.

 

My best, HB

[Lambrettaman]

Cheers wasnt sure if I'd posted it correctly and it being a different question.