what happens after small claims court?

[Evolution70]

hi all

Took a motor cycle shop to small claims court, and won, still out of pocket 150ish, but judge said it was ''fair'' so didn't argue. but wasn't really fair.

 

 

This all happened on the 19th of last month, the judge said he will ask them to pay me in 2weeks, Ive heard nothing from the courts or the seller, or had my money returned to me

 

 

this motorcycle shop Capital City Motorcycles in West Hampstead, never showed up to either of the hearings sent all the paperwork back unopened, I think they just sent one letter to the courts, Anyways what ive been doing some research and is it true that if they don't want to pay, they can get away with not paying my money back, even if the courts ask them too?, They can get away with not paying?

 

 

Thank you kindly

[silverfox1961]

Hi

Not really my area but if a judgement remains unpaid you can go back to the courts and enforce the judgement. The court can get a Enforcement Officer to attend the shop and either force payment of levy on goods in the shop.

 

This does cost you but that amount is added to the bill so in effect, you shouldn't be out of pocket.

 

One thing I did note, this company has only been registered as a company since Jan 1 of this year so not a very good start.

[Evolution70]

Thank you kindly

 

 

Hi

Not really my area but if a judgement remains unpaid you can go back to the courts and enforce the judgement. The court can get a Enforcement Officer to attend the shop and either force payment of levy on goods in the shop.

 

This does cost you but that amount is added to the bill so in effect, you shouldn't be out of pocket.

 

One thing I did note, this company has only been registered as a company since Jan 1 of this year so not a very good start.

[AndyOrch]

Thread moved to the correct forum.

 

Regards

Andy

[steampowered]

Hi, you'd need to start by identifying assets the company owns like shop premises or a bank account. If they refuse to pay the CCJ then you can use county court bailiffs to recover the debt (or send it up to High Court Enforcement Officers if the amount is over 600).

[Evolution70]

Hi thanks for your reply

 

 

Its less then 600 only because the judge didn't award all my expenses back.

 

 

What would be best for me to do now? as neither the court or the seller has contacted me in over a month.

 

 

Should I go to the courts helpdesk? would it be better for me to talk to a lawyer??

 

 

Any info would be gratefully appreciated

[steampowered]

It is unlikely that anyone will contact you.

 

The simplest way to enforce the CCJ would probably be to send county court bailiffs to the company's business premises to recover the money. You can do this by requesting a warrant of control. Have a read of http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex321-eng.pdf and http://www.justice.gov.uk/downloads/courts/mcol-quickstart-guide.pdf (page 20).

 

There is a fee of 100 which can be added to the amount owed.

[Evolution70]

Thank you ever so much. Very grateful

[steampowered]

OK no worries, let us know how it goes

[Evolution70]

Will do thank you again