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Is it possible to reinstate a judgement after many years?


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Hi – I hope someone can help with this!

I am posting this question on behalf of a friend (as I am always banging on about how many knowledgeable people there are on here!)

About 12 years ago, a man she knew owed her quite a lot of money (about £6K) and she took the case to court. The court issued a judgement and a charge was put on the guy’s house. My friend says that there were also other charges on the property and when the house was repossessed there was so little money ‘in the pot’ that she received nothing.

My friend never knew what happened to him but, just recently, she was talking to an acquaintance who mentioned, in passing, that this guy was living locally as he had bought a house in the area two or three years ago (and not a cheap house, by the way).

My friend has been trying to find out if it is possible to re-start her claim for the money, or whether too much time has lapsed. One source stated that as the court had made a judgement the ‘statute of limitations’ (I think it is !?) doesn’t apply. But then she read somewhere else that too much time has passed for her to be able to recover any of this money.

The debt arose because she handed over a lot of money for building work but the work never started and the money was never seen again.

Does anyone know anything about this?

Halifax - £3533.02 reclaimed

MBNA1 - £150 reclaimed

 

First Direct - £330 reclaimed

MBNA2 (OH) – £275 reclaimed

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i might be wrong but i thought a CCJ Judgement was valid for enforcement action indefinately.

 

No doubt someone will have the correct answer for you.

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i might be wrong but i thought a CCJ Judgement was valid for enforcement action indefinately.

 

No doubt someone will have the correct answer for you.

 

 

A judgement debt can be enforced at any time after judgement. However, a registration of judgement debt runs out after six years, the permission of a district judge is required to issue a warant of execution after six years.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Thanks for your replies.

So would my friend have to apply for the judgement to be ‘re-registered’ first and then apply for a warrant of execution?

Is the fact that the registration has run out going to cause any problems, or is it fairly straight forward?

Many thanks

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Halifax - £3533.02 reclaimed

MBNA1 - £150 reclaimed

 

First Direct - £330 reclaimed

MBNA2 (OH) – £275 reclaimed

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