Help - taking someone to court who is about to declare bankruptcy.

pid2004

Help - taking someone to court who is about to declare bankruptcy.

Just to give you a background. We are taking our builder to court for some shoddy workmanship. Court proceedings have been issued and we have court dates set. The builder is now saying that his business has not been doing well and he can not carry on with legal court battle. I think he is about to declare himself bankrupt through what I have heard. How do we protect our position at court? Help.:eek:

ILW

All depends on if he has any assets.

fermi

Limited company or sole trader?

I presume the latter?

Assuming that he is heading for bankruptcy and not just saying that to put you off taking court action then...

Unless you gain a court order and then take that on to obtain a charging order on his home before his bankruptcy then your are likely to be out of luck.

Even then, the likelihood of seeing any money/redress any time in the near future is probably faint.

Unless there are substantial assets in place then you are unlikely to see anything under a bankruptcy either.

How far off is your court date?

pid2004

He is a sole trader. The date is early next year! We don't know what to do. The court hearing is so far off but he can dispose of assets before then! We have been told we have a strong case and can get monies back. But this has thrown a spanner in the works! Any advice appreciated.

silvercar

pid2004 wrote: »

He is a sole trader. The date is early next year! We don't know what to do. The court hearing is so far off but he can dispose of assets before then! We have been told we have a strong case and can get monies back. But this has thrown a spanner in the works! Any advice appreciated.

Win the court case and then get a charging order on his home.

Any time he wants to move or remortgage, he will need to pay you off.

pid2004

what if he has sold it before then? what if he transfers the house to his wife? or moves his money elsewhere? what if he files to become bankrupt?
the court case is nearly a year away. I guess we need to get some things into place now...but I do not know what! help!

Ineedaname

I think you need to seek some professional advice on this as the Court case is so far away. Maybe you can move things forward in light of 'new information'?

pid2004

Thanks for your advice. Still confused. Any other suggestions anyone?xx

debtinfo

well the whole point is this, can he afford to pay you, if he has not got the money then no amount of court action will get you your money, if he is simply avoiding payment then you may get something back.

If he can afford to pay then, how serious is he about the bankruptcy, if he is then there is no point continuing you are unlikely to get it secured in time and anything else does not give you an advntage in bankruptcy.

We dnt know this person, you do, its a judgement call you need to make