Sherriffs Office Bailiffs

daddy0

Guys thanks for all your help on here, some of it was invaluable. I have an up date, some good and some baď news, ànd now need fruther advice.

Firstly, we have contacted the Sherifs Office in Croydon, we explained to them tnat ther writ was almost 7 yeasrs ols, they have agreed that they can only work on writs/judgements under 6 years old, so they went back to my ex-wife who the debt is owed to and told her the same. That was the good news. However, it seams that she is now going back to court to get the Judgement reissued.

What I need to know is:

1. Can she do this, and what is the chance of her getting it reissued?

2. Will I be informed of a court date so I can put my views forward to the Judge?

Thanks in advance

fatbelly

My understanding is that she needs to explain why she did not enforce the judgement in 6 years. If there is a good explanation, she will be allowed to continue with it.

I was on a training course this week where this was brought up, and the example that was given as a successful argument is where the debtor had been out of the country in those 6 years.

daddy0

Thanks for the reply fatbelly, we have lived within 1mile of eachother for the last 6 years, so shes had ample opportunity to chase the debt.

daddy0

Further to my post. I have now recieved a letter from the court saying that they are seeking for the money judgement to be reissued . What is the likely chance of it being reissued, baring in mind I havent heard from them for over 6 years. They havent put a reason why they havent chased me for the debt. The hearing is only schedulled for 5 minutes, will I be able to to get the chance to tell the Judge this?
thanks in advance

fatbelly

Well, it's going to be down to the judge. If you've been informed of the hearing (5 minutes is standard) then you must attend. Usual advice applies - turn up in good time, dress smartly, be polite, call the judge sir (or ma'am). The point that 'we have lived within 1mile of each other for the last 6 years, so shes had ample opportunity to chase the debt' seems to be the one to make.

Any chance of coming to an agreement with your ex about settling this ahead of the hearing?

Is it a re-issue of the warrant, rather than the judgement?

daddy0

What she has written on the form to the court is " re issue a money order judgement so the sherriffs office can enforce it". There is no possibility of sorting this out with her before the hearing

fatbelly

If you can show that you've made efforts to negotiate but she just wants to use a HCEO to make this as difficult as possible for you, I don't think a judge would be impressed with her.

Is there some asset that she wants to target (don't say what it is). Bailiffs hardly ever remove anything - they just collect cash. So I can't see that there should be any difference between paying something to her now and paying through the bailiffs, except of course for their fees and the harassment factor.

patman99

You could (should) submit a written statement to the Court explaining that the claimant has made no effort to collect on the debt despite living within 1 mile of your current address (and being fully aware of this).

You then need to make sure to turn up to plead your defence. If you fail to show, the Judge may be more inclined to find in favour of the claimant.