Small Claims court

Butlers1982

Two questions:

1) what happens if you ignore a court order made by a judge during a hearing ( ie you "claim" to have misunderstood it)

2) anyone know of any successful recovery of a debt using county court bailiffs?

Thanks in advance

Takecareofthepennies

Re 1): Any court orders will be sent to both parties in writing after the hearing, still allowing sufficient time to settle. In fact, I would suggest waiting for that paperwork before taking any action, just so both parties know exactly what to do or not to do. This way, there should not be any room for misunderstandings.

If you (or the other party) "misunderstood", this does obviously not affect the validity of any court order.

Vomityspice

Two answers:

1) the person who obtained the oder can then apply to Enforcement Proceedings. This could be in a number of ways (also not if you don't fulfil your obligations (21 days) then a CCJ will be recorded against your name), the usual enforcement methods are, 3rd Party Debt Orders, Attachment of Earnings, Charge on property, Bailiffs, winding up petitions etc. This will cost YOU more money as ultimately you will end up paying these costs (usually attached to any new order made). Unless you are bankrupt, or have no assets, the other party is quite likely to be successful. Further as an initial step, you will be invited to court to personally explain your financial situation. As this is a court order, if you 'fail to show', there will be a warrant issued for you arrest (contempt of court). This court appearance is for the other side to ask you questions about your finances. You will be required to answer or again it's CoC. Once they have this information, this will enable them to choose the most effective method of recovery from you.

2) If the debt owed is over £600, the applicant can issue proceedings in the high court for recovery. High Court bailiffs work on commission, so are usually quite adept at recovering assets. They will think nothing of winching your car on to the back of their low loader and then knock on your door. You'll have to pay their commission as well. Bailiff's for county courts are normally less efficient, but if they are unsuccessful, there is nothing stopping the creditor taking further action.

The person you owe money to doesn't care if you have misunderstood. Pay your debt within 21 days or get a CCJ, and additional costs added for enforcement action if needed.