Ebay small claim court, success !! But now won't pay

Lucyxx

Thank you, we are ruled out of using the attachment of earnings as he is self employed and we are claiming against his business for non payment. Well I guess we are claming against the business anyway!? I thought this was going to be easy enough to do, but the more I read into it the more tricky it becomes!! (to me anyway!!)

What's worse is this guy we have to make a claim against is asking us to verify an address (which we can't 100% anyway) of the person he has just successfully claimed against in order for him to get paid the money he was awarded!! long messy story!!!

Premier_2

Lucyxx wrote: »

Thank you, we are ruled out of using the attachment of earnings as he is self employed and we are claiming against his business for non payment. Well I guess we are claming against the business anyway!? ...

If the person is trading under a limited company, then you claim against that company. If the person does not benefit from the protection offered by a limited liability company, then you claim against the individual.

Yes, in this instance an attachment of earnings would not be appropriate (unless the trader was being sued in person and they were also employed elsewhere). However, an attachment of earnings is just 1 of 4 possible wasy given in the link earlier to enforce a judgement.

In most cases, enforcement of a judgement will not be required. In fact in quite a few cases the defendant settles out court before any hearing - it all depends on the complexity of the matter and what they truelly think is right.

If you really believe at this stage that the debtor won't pay depsite you winning judgement against them, then think very carefully over the wisdom of sueing them in the first instance.

redsclubbedup

just thought i would update !

the baliffs received the first £100 of the penalty two days ago !!!

took a hell of alot of doing, court forms, emails, letters etc.. and an outlay of £200, plus hours of my time, but after being messed around / having him move house etc... i was finally able to send the baliffs in (at a cost of £100) to enforce the judgement.

He is now paying £100 a month, of of what is now a £700 debt.

So great news Im finally getting some money back, no so good that by the time it has all been repayed it will have been 14months since I was originally supposed to be paid, and it has taken ALOT of effort to get to this juncture.

So be warned, its not as easy as many people think, and requires a considerable outlay, with no guarantees that you will ever get the money back !!!

theonlywayisup

Not quite the same but worth remembering:

The burglar nicks your stuff.

The police catch the burglar.

The courts jail the burglar.

You are still without your stuff

cyberbob

theonlywayisup wrote: »

Not quite the same but worth remembering:

The burglar nicks your stuff.

The police catch the burglar.

The courts jail the burglar.

You are still without your stuff

I recommend House insurance