court claims form

Gardenshed_2

I posted this in another part of the forum but I was advised to put it in for better advice.

A debt has been taken to court and a claims pack has arrived, Inside is a court claims form asking for personal details..out goings and wages..Ect.

1...Does this have to be filled in ? What would happen if it wasnt ?

2...Once filled in and returned. what happens next ? will a chance be given to pay without a attachment of earning being applied for ?

I got the finance for someone else as a favour and they havent paid it and this is what it has come to...worried sick if Im honest never had anything like this happen to me. Its all new to me...bloody annoyed. :mad:

I will have a ccj against me now.

thanks

fermi

1. You don't have to. But if you don't then a judgement in default for the full amount payable immediately will be made.

2. Attachment of earning can only happen if you fail to pay what the court orders. Virtually never gets to that point as long as you don't ignore things. The court should order intallments at something you can afford. If they don't then you just ask for the judgement to be redetermined at your local court.

The most import thing is..........

Make sure that you return the forms by RECORDED post.

Many creditors will 'accidentally' fail to receive them if you don't, meaning a default judgement.

Gardenshed_2

fermi wrote: »

1. You don't have to. But if you don't then a judgement in default for the full amount payable immediately will be made.

2. Attachment of earning can only happen if you fail to pay what the court orders. Virtually never gets to that point as long as you don't ignore things. The court should order intallments at something you can afford. If they don't then you just ask for the judgement to be redetermined at your local court.

The most import thing is..........

Make sure that you return the forms by RECORDED post.

Many creditors will 'accidentally' fail to receive them if you don't, meaning a default judgement.

thanks for the advice..Form going in the post tomorrow.

Just keep my fingers crossed they dont hammer me every month

fatbelly

Note that, if you're making an offer, it goes to the creditor (or their solicitor - see notes on the form) NOT the court.

Your offer (per month) should relate to the surplus income as shown on your income/expenditure sections - guidelines used to be 50-75% of surplus income.

But if you work the figures so that the offer you make is 100% of the surplus, that can't really be argued with

Gardenshed_2

fatbelly wrote: »

Note that, if you're making an offer, it goes to the creditor (or their solicitor - see notes on the form) NOT the court.

Your offer (per month) should relate to the surplus income as shown on your income/expenditure sections - guidelines used to be 50-75% of surplus income.

But if you work the figures so that the offer you make is 100% of the surplus, that can't really be argued with

sorry this is new to me can you explain that to me a bit clearer please

fermi

The court forms ask you to fill in your income and expenditure and make an offer of payment based on how much spare money you have each month.

A fair offer would be 50-70 % of your spare money.