CCJ - Court and Prison

fermi

DVardysShadow wrote: »

It would not be for an unpaid debt. It would be for failure to comply with a court order to provide information relating to a debt case. ie contempt of court.

Exactly..........

Mancunian

Been reading the official pdf from Fermi' post.

Seems like the company bringing the action have to personally serve you with the order ie. hand it to you. They can pay the court bailiff but my friend is all over the place so likely to be able to ever serve it. In this case it just says they will write to the court and make a new date, which they will have to keep doing.

Thinking back, on one of these itv 'dodgy tradesperson' programs I also remember them saying they just take your word for income/ earnings and most of the offending traders simply offered to pay back 50p a month and it was accepted! so that would 6000 months (500 years!?) for my friend to pay back the money.

penguin83

keith_lard wrote: »

Is what you say for TAX or Credit card???

Please be sure with this before posting!

k.

It is for failure to comply with a court order on a county court judgment.

xxxx

penguin83

Mancunian wrote: »

Been reading the official pdf from Fermi' post.

Seems like the company bringing the action have to personally serve you with the order ie. hand it to you. They can pay the court bailiff but my friend is all over the place so likely to be able to ever serve it. In this case it just says they will write to the court and make a new date, which they will have to keep doing.

Thinking back, on one of these itv 'dodgy tradesperson' programs I also remember them saying they just take your word for income/ earnings and most of the offending traders simply offered to pay back 50p a month and it was accepted! so that would 6000 months (500 years!?) for my friend to pay back the money.

It is correct that your friend would have to be personally served. The bailiff can apply to the judge for substituted service by posting through the letterbox if they think the person lives there but is avoiding service and they are sure the person will get the letter.

They can also go straight to the employer if the defendant does not reply.

The process is :-

Defendant

N55 - postal service of the N56 (this is the form that the court requires completing)

N61 - bailiff service of the N56

N63 - order to attend court for failure to complete N56

N118 - suspended commital order - last chance

N59 - arrest warrant.

Employer

N338 - issued at the same time as the N61 (ie after the defendant has been served by post)

N61a - summons to attend court for failure to comply

Then a £250.00 fine if still no response.


With regards to the offer of payment, the court will do a calculation based on the information provided on the N56 which is why it is important to complete the form in as much detail as possible. We find people tend to leave a lot off so a higher order is made. There is the opportunity to make an offer of payment and the court officer will take this into consideration when making the order. If either party do not agree with the order made then they can ask for it to be reconsidered and a judge will then see it.

If it is an attachment of earnings that your friend is being served with he can download and complete the form if he doesnt want to wait for it.

Sorry it is a bit long winded but hope it helps a bit! xx