Small Claim Help

[ease]

Hi there. Hoping someone can help!

 

I recently won a small claim against an individual for money they owed me for freelance work

they received a court order to pay me the full amount.

 

 

They then filled in an application to vary,

I refused their offer on the grounds that they were lying about their income, and it went back to court.

 

 

The defendant didn't turn up, and I've now received a "General Form of Judgement or Order" saying the following:

 

"IT IS ORDERED THAT

The Defendant's application to vary be struck out."

 

I thought the defendant was going to attempt to argue that they could only afford to pay a small amount per month,

this week the attendant also received an "Order to attend court for questioning" from me, which is now scheduled for next month.

 

My question is what should I do now?

 

 

Should I just go through with the order to attend court for questioning,

or is that not necessary now that the order to vary has been struck out?

 

I'm pretty sure the defendant won't pay me by themselves since they've been quite belligerent throughout the whole process

despite admitting they owe the money and having no proof to the contrary.

 

Thanks in advance

[BankFodder]

How much is it for? Do they have any assets? Less than £600 instruct bailiffs. More than that - go for High Court enforcement

[ease]

Thanks for the reply.

 

It's up to around £1,600 now with interest and court fees.

 

 

I'm not sure that they have any assets besides general household things.

 

 

They don't have a car or anything expensive that I know of.

 

 

Should I let the questioning go on next month or will the judgement striking out their application to vary be enough to push forward with a high court enforcement?

[dx100uk]

no YOU have to pay £60 to 'cross the courts' and get HCEO involved.

 

 

dx

[ease]

Oh I'm aware that I'd have to pay a fee.

 

 

I should clarify that when I asked if it was enough to push forward with a high court enforcement,

 

 

I was asking whether the letter I have saying that the application to vary has been struck out was enough to proceed,

 

 

or whether I'd need to get anything else from the court like another order to the defendant to pay?

[dx100uk]

don't think so

 

 

either let the knowledgeable ones here confirm or deny

 

 

or ask the HCEO if they can get involved?

 

 

dx