Small claim enforcement help needed.

ease

Not sure if this is the correct section but it seems the best fit!

Basically an ex-friend / someone I did freelance work for, owes me £1300, it went all the way to court where the judge awarded just over £1500. It was due to be paid 2 days ago, but this morning I received a "Creditor's Reply to Debtor's Application to Vary Order". The person who owes me the money claims they're not working and can't afford to pay it all at once, but I know this is not true.

My question is that I'm aware I can fill in a form called "Application for Order That Debtor Attend Court for Questioning" to ask the debtor to provide proof of their finances, but I'm unsure what I should do with the current form I have in front of me. Should I just send it back and record my object saying that I'm submitting the form to make them attend court, or should I actually give evidence before I fill in the form?

Any help would be great since this is a little confusing, thanks!

Computersaysno

IIRC for about £60 you can push this up[ to high Court enforcement....and the bailiffs attend his hiouse and threaten to take his assets, car, etc.


Only do this iof he had the assets to cover the debt and their fees.

ease

Yeah I'm aware of the enforcement option. I'm just not sure what to do with the form I have in front of me, whether I need to ask the court to summon them to show proof of their income and assets etc, or whether simply sending this form back will do it, and also whether I need to put any evidence in with it when I send it back.

Bailiffs can be pretty useless since they don't really have any powers unless you let them in, and unfortunately the person in question doesn't have a car.

InsideInsurance

ease wrote: »

Bailiffs can be pretty useless since they don't really have any powers unless you let them in, and unfortunately the person in question doesn't have a car.

It depends under who's direction the "bailiffs" are acting. If you have a high court writ their powers are significantly increased. Obviously still only worth doing if the defendant has suitable assets for seizing

http://en.wikipedia.org/wiki/High_Court_enforcement_officer

ease

Well in terms of a small claim they're pretty useless if that person doesn't let them in.

I'd just like to figure out what the best option is at this point in terms of replying to what I have and forcing this person to turn up to court to prove their income, which they've lied about on the form.

wealdroam

ease wrote: »

I'd just like to figure out what the best option is at this point in terms of replying to what I have and forcing this person to turn up to court to prove their income, which they've lied about on the form.

Have you asked the court?

ease

The court wasn't very helpful. They told me I had to reply to the form I received within 16 days, and told me I could apply to have them prove their income, but weren't sure whether I should do both or not.