small claims court - putting a charge on someones property

wisdomofhinesight

I loaned a friend nearly £4,000.00 which was as an advance of work to be done on our house or as a loan. It was then decided that we would not have any work done on the house. This made the money a loan. After only receiving £100 re-payment in over 16 months I have been left with the only option of making a small claim. This so called friend has told the court that he doesn't owe me what is claimed as he claims to have spent 22 days work at our house and replaced 3 ceilings! This is a total fabrication and even if I have to pay for a survey to prove that I will. This person owns two properties can I ask the court to put a charge on these properties?

jonesMUFCforever

Yes but to get any chance of getting a court to apply the charge you need a judgement in your favour.

wisdomofhinesight

I am sure that I will get judgement! I have just posted the court doc's back where he acknowleged part admission saying that because he "has done 22 days work he actually owes only £850" I have refused his claim and asked for court hearing. He has tried all sorts to get out of this and my file of evidence is growing bigger by the day!

So does that mean that when I go to court, I ask then for charge on property, or can I only get that after he defaults on payment that is requested by the court?

Thanks for your help

jonesMUFCforever

First you get judgement.
Then he has so many days to pay what is owed (28 I think) although you must be prepared to accept monthly repayments if this what the judge says. This could be as little as a £1 per month.

Only you know whether enforcing the judgement (which will cost you more in fees) is worth it.