N61 to be served

Wannabedebtfreepls

penguin83 wrote: »

It is fine to send both - if you are unemployed the attachment will be dismissed anyway - don't forget to send either the £35.00 court fee or the fee remission with proof of benefit (if applicable) with the N245 though. There is no fee with the N56 so that can go back on its own x x

Quick question: I to have received a letter in the post forwarded from my old address today that a County court Bailiff is to call and serve a N61.

Now what is a N61 that I am going to be served? The debt they are chasing for is probably credit card debt or my car finance debt. I was divorced and I have lost everything , my house , my life!! Now I am being served this N61. I was working previously and have now been unemployed for a few weeks now. What and how do i fill the form? I am unemployed so do I not fill the salary area of the form? I do have expenses so I presume I state this.

Also the Bailiff is calling at my old address not my new address. How does this work?

Any help much appreciated urgently as I need to know what to do?
thank you

Wannabedebtfreepls

Hello

A few questions regarding N61 being served: I to have received a letter in the post forwarded from my old address today that a County court Bailiff is to call and serve a N61.


Now what is a N61 that I am going to be served? The debt they are chasing for is probably credit card debt or my car finance debt. I was divorced and I have lost everything , my house , my life!!


I had been working previously but my work came to an end as I do temporary work. My work came to an end of Jul2011. I am not not employed.


Now I am being served this N61. What and how do i fill the form?


1. I have kids that my ex took in the divorce also !! But am paying contributions as and when I work based on my Employer as they have had the direct deductions order from them. So I just put in their ages and date of birth I guess as per the form? They will not be tragetted or chased for Finance compensation? I mean they less than 11 years. *sorry I know its a stupid question but my head is lost at the moment.


2. In the Employment section as I am now just 1 week ago been unemployed do I say unemployed but still provide details of my previous Employer???


3. My bank account has alittle bit in Credit from my past employment , will they freez my accounts?


4. Also the Bailiff is calling at my old address not my new address. What do I do?


5. They have also said in the previous letter that there could be 14 days of jail sentence , will they really send me to jail for this debt??


Any help much appreciated urgently as I need to know what to do?
thank you

penguin83

An N61 is an order for the production of a statement of means. The N61 is served personally on you by a bailiff and has the Form N56 attached. The completed N56 is all that the court wants back so you can download and complete it instead of waiting to be served (linky here)

To answer your questions :-

1. Just put their ages and dob on the form. The question is only asked as the court takes maintenance costs into account when working out how much to pay.

2. The form should be filled in as per your employment situation today. You don't need to put your previous employers on the form if they are no longer paying you a wage - just tick the unemployed box. If your situation changes in future you may be asked to complete another form.

3. Your account won't be frozen as a result of the attachment of earnings application. The claimant would need to make a separate application for that called a Third Party Debt Order.

4. You can contact the court and inform them of your new address, that will stop the bailiffs going to your old address or just put your current address on the N56 which will update the court too.

5. You wont be sent to jail because of the debt. You can be arrested and in rare cases sent to jail for failing to complete the form or disobeying the court order. That would be a long way down the road though and even if you dont complete the form you would still get one last chance after you are arrested.

All the court is after is the completed N56. If you are unemployed the attachment of earnings application can no further. xx