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Payment of CCJ's


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Hi.

I am part way through a court case against a garage who would not honour a warranty on a faulty reconditioned engine they supplied and fitted. The case has been before a judge at a preliminary hearing and the defendant was advised to end the case and pay due to a poor defence. He opted to continue to a final hearing which is in a few weeks.

 

I am confident about the case however i am concerned that if i am successful the defendant wont pay the £4000 cost within one month and may apply to pay monthly. He is the type to do this to get back at me even though I am aware he is quite wealthy. I am also concerned as he has plans to emmigrate within the next 12 months and should he be allowed to pay a small amount monthly it would not be enforceable once he has emmigrated?

 

He is a sole trader business not limited and I just wondered if there is anything I can apply for if I was successful with my claim to prevent him paying in small instalments rather than in full.

 

Thanks

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Does he own his own property and you know his address? If so then you could ask the judge to order that a charge be placed on his property.

 

In order for the judge to do this, he would have to be very convinced as to what you are saying and so you would have to produce very clear proof of his intention to emigrate.

 

Of course, you can simply object to any request for instalments and explain to the judge why.

 

What you know about his business? As he got many assets there?

 

You say that you are aware that he is quite wealthy – but how do you know this and have you evidence?

 

If you going to court making unsupported allegations about his wealth about his intentions, you probably won't succeed in what you are asking for and also you may lose the sympathy of the judge.

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Hi. Thanks for your reply.

 

Yes he owns his own property with no mortgage on it and i am fully aware of the address. I am aware of his wealth as we were once good friends however i am still friends with a relation of his who can also vouch for this. He has told me he will be selling his house soon to emmigrate.

 

Regarding his business i know he owns the building and the assosiated land along with all the business equipment within it and nothing is financed.

 

So does the decision to accept instalments come down to myself?. Can I stipulate it is strictly paid within 1 month and if not start enforcement?

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Hi...yes im aware i can do nothing until judgement. Just trying to find out options and what i need to bring to attention of judge while im there if successful.

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The decision to accept instalments is not down to you. You can raise objections in court.

 

I don't think you can give merely verbal evidence as to his wealth without any proof. On the other hand, if you can get a land registry printout showing his ownership of his house and also of the business premises, then this will show the judge that he does have assets. If you also have evidence for instance that he owns some kind of luxury car then this would also be helpful.

 

If you are able to get photographs – maybe from Google – of his property and of his business assets, this might be useful as well to put before the judge.

 

I would suggest that you say nothing until he actually stepped up and asked to pay instalments because he doesn't have much money. Then you can object to the instalments and say to the judge that you don't believe that what he is saying about his lack of resources is correct and that you would like to show the judge land registry evidence of his assets and also photographs et cetera.

 

I think it is important to wait till he pleads poverty before you bring up this evidence. That will then show that he is also unreliable in what he tells the court.

 

If you get a "forthwith" order which means that he has to pay immediately, then I would contact HCEO, get the case transferred up to the High Court and then instruct High Court enforcement officers to go in and get the money. County Court bailiffs are not much use but High Court enforcement officers will go in and do the business in an extremely professional way.

 

When you instruct HCEO make sure that you get an arrangement where they will deduct all fees from the defendant and that in the event that they are not able to enforce the judgement, you will not have to pay anything. This is essential because sheriff fees are very high.

 

If you decide to enforce the judgement in this way, do not give the defendant any warning. Don't give him seven days or anything to pay. Unless the court order has given him time to pay, the sheriffs in immediately without hanging around.

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He wont be offered instalments once you complete the N225 and state you require Judgment payment forthwith.

 

Andy

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