Small claims - won judgement, advice on next move?

terryw

Yes, he could apply for judgement to be set aside. But there is a fee for this, and at least it brings him out of the woodwork with a current address.

joolsybools

Why not send the letter by proper post as Lazydaisy suggested, with a return address, signed for, then at least you will get it returned to sender if he is no longer at his house.

zzzLazyDaisy

In order to have judgement set aside he would have to say that he did not receive the court claim, and so had no opportunity to defend the case. Moving during the course of the proceedings and therefore not receiving the judgement is irrelevant in an application to set aside.

However before you throw more money after this, in an application to enforce the judgment, it is in your interests to take steps to ensure that he has in fact received the judgment.

You need to write to him at his last known address by old fashioned snail mail. Don't send it recorded delivery, as he may very well simply refuse to sign for it, and then you are no further forward. Send it by first class post from the post office, and get a certificate of posting (free). Keep the CoP in a safe place. The letter is deemed to have been received two working days after posting. If the friend is no longer at that address, the current tenants will hopefully put the letter back in the post marked 'return to sender' in which case it will eventually find its way back to you.

Money-Saving-King

zzzLazyDaisy wrote: »

If the friend is no longer at that address, the current tenants will hopefully put the letter back in the post marked 'return to sender' in which case it will eventually find its way back to you.

"hopefully"

What if they just bung it in the bin?

zzzLazyDaisy

Money-Saving-King wrote: »

"hopefully"

What if they just bung it in the bin?

Then the sender is entitled to rely on 'deemed delivery' two days after postage, unless the defendant shows otherwise.

Money-Saving-King

zzzLazyDaisy wrote: »

Then the sender is entitled to rely on 'deemed delivery' two days after postage, unless the defendant shows otherwise.

Are courts happy with non proven 'deemed delivery'? Do you have any proof of this?

chipmunk

The Courts do accept a certificate of posting as Proof of Service provided it shows the address the letter was sent to and the date on which it was sent.

flightboy

A attachment of earnings order is the best option..even if he changes jobs its an offence not to transfer it straight away

What happens if I change jobs?

If you change employer then the AOE will need to be transferred over to your new employer straight away. It is your responsibility to ensure that this happens and it is an offence not to do this.

zzzLazyDaisy

Money-Saving-King wrote: »

Are courts happy with non proven 'deemed delivery'? Do you have any proof of this?

CPR rules of service

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Basically, if you can prove you posted the document, that is good service unless/until the defendant proves to the court's satisfaction that s/he did not receive it.

hs04avp

Thanks for all the replies guys. I've had a response by email today in which he claims to know nothing about the court case and will be consulting a lawyer.
I've asked him if he is still at the address I had for him, if not, when he moved and his current address. I don't expect him to give me this information but you never know, worth a try.

I have various questions, let's say he does apply to have the judgement set aside based on the fact he moved house and didn't receive the court papers, what is the likelihood this will be agreed by the courts? If it is agreed, what exactly does it mean? If I chose to, would I be able to /have to start the claim again? Can I do this given the fact I don't know his current address? Does it help that I know where he works?

Don't worry re attachment of earnings, I'm not rushing to do anything which will cost me more money until I know exactly where I stand and whether it's likely to work out in my favour.

Lazy daisy, regarding your post about sending a letter, do you mean to just send the letter you suggested earlier, basically saying he needs to pay in 14 days or I'll be contacting his employer or do you mean to send him the judgement? Very frustratingly, I never received the judgement myself and the courts say I have to pay a fee for them to send it out again!

Surely even if I send the judgement or a letter about the judgement and can prove he received it, if he can prove he moved before the initial claim was sent, he can just say he had no opportunity to respond?

I assume I should put my name and return address on the back of the letter, but then if he is at the address he'll see it's me?

Really appreciating all the advice, please do keep it coming!