Enforcing a CCJ and Successfully Claiming Against the Correct Party (Letting Agent)

groupoffour

penguin83 wrote: »

Hi groupoffour - as Clutton has said if you have issued against the wrong person it is up to them to make an application to the court to set the judgment aside. Until such a time, the judgement is enforceable as far as the court is concerned.

If you wish to pursue an attachment of earnings then you do not need to know their employer, the court will try to obtain that information from the defendant.

There are a (removed)about enforcing judgments if you want to know the methods available to you but there will be more court costs to pay (which will be added onto the judgment debt) but no guarantee unfortuanately that you will get your money back x x

I am reading about attachment of earnings now but have doubt he is receiving wages (he may be unemployed or self employed/a firm or limited company), do you think it could harm my position if he isn't?

Perhaps an 'order to obtain information' would be more suitable place to start?

The problem is the only address we have for him (the LA director/employee) is the LA which has since been wound up, so in order to locate his home address we might need an investigator.

Thanks

penguin83

If it turns out he is self employed or unemployed the attachment of earnings would be dismissed so it wont harm your position but it will cost you. An order for questioning is good to get some further information about the debtor and he has to give his bank details in case you think a Third Party Debt Order is appropriate. The order for questioning has to be personally served either by the county court bailiffs or by your own process server so you will need a definiate address for him.

Don't forget your judgment can be enforced for 6 years so although I know you will want your money back asap, you do have time to trace him to an address before deciding what to do next x x

groupoffour

penguin83 wrote: »

If it turns out he is self employed or unemployed the attachment of earnings would be dismissed so it wont harm your position but it will cost you. An order for questioning is good to get some further information about the debtor and he has to give his bank details in case you think a Third Party Debt Order is appropriate. The order for questioning has to be personally served either by the county court bailiffs or by your own process server so you will need a definiate address for him.

Don't forget your judgment can be enforced for 6 years so although I know you will want your money back asap, you do have time to trace him to an address before deciding what to do next x x

Understood. These considerations are what leave me undecided and leave the situation up in the air... Hopefully some preliminary investigations can yield some success.

Many thanks again.