Summary Judgement - What Next???

misstraddy

Hi all, my OH was issued with a Summary Judgement yesterday for a personal guarantee to a bank. He has been given 28 days to repay the amount. We do not have the money as I was made BR last year due to another personal guarantee and wondered if you lovely people out there knew what is likely to happen next? Should he contact the bank and offer instalments or do you think they are likely to go for enforcement with bailiffs (he has no assets, the house is in my name or the OR now). Or do you think they will instigate BR against him, surely not, if he is offering to pay them back in instalments, however small. I am really worried as he offered to pay them back in instalments before it went to court but they declined him saying the offer was too small and would take too long to repay. Please help, I am at my wits end with it all, was just getting over my BR and now this!

fermi

Did he not offer instalments when replying to the court claim form?

If a forthwith judgement has been made for the full amount payable immediately, then he can always ask the court to redetermine the amount and set instalment at something he can afford.

Tixy

Did he respond to the court paperwork and ask to pay in installments?

He needs either to apply to court a re-determination (if he cannot afford the installments ordered) or to apply for an installment order (if he was asked to pay in full).

misstraddy

fermi wrote: »

Did he not offer instalments when replying to the court claim form?

If a forthwith judgement has been made for the full amount payable immediately, then he can always ask the court to redetermine the amount and set instalment at something he can afford.

He initially replied to the court forms defending the claim, as we disagreed with the amount they were claiming and we were sure that we would be able to get some payments in, which we have. We argued that the factoring company had not done enough to chase the payments themselves. The factoring company had a personal guarantee on the factoring account from my OH. They have now got the summary judgement and we have been told verbally that we have 28 days to pay the money. The court document is yet to be issued, it only happened late yesterday. I asked the judge and the solicitor what happens next as we do not have the money and they both replied that it is up to the bank what enforcement action they take. This is why I am so worried.

fermi

So this judgement was made at a hearing before an actual judge?

If so, then you can't get it redetermined.

You might however consider applying to have the judgement varied to an instalment order, but that requires a fee and is not guaranteed to work.

First thing I would probably do is to wait to see what the actual judgement says, rather than depending on what people have told you "verbally".