served with an N61 from County Court

leigh44

Hi,

I need some help, I received a letter saying:

"A Court Enforcement Officer from the xxx County Court has today called to serve on you an N61.
It is in your interest to contact the Officer as soon as possible to arrange service of these documents."

Does this mean an attachment of earnings has been issued and how long until my employer is contacted?

I should add I already have an attachment of earnings from a different court on a seperate debt, but the letter I received from them is different to what I have now.

I tried to contact the County Court directly rather than the Enforcement Officer and they couldnt give me any information other than from what they can see they have not contacted me since 2012.

Any help would be greatly appreciated.

Many thanks

molerat

The N61 is an order to supply a statement of means before an order is made, maybe your creditor believes you can pay more.

fermi

Should have had a N56 request for statement of means sent through by normal post before this at the very least.

When these things come out of the blue it sometimes means that a dishonest debt collector has obtained a CCJ against you without your knowledge, often by using an incorrect or old address, then had it transferred to the correct one only once they have got it. It happens a lot unfortunately as there are not really the checks in place to prevent these companies abusing the system in this way.

Read an example here: http://www.legalbeagles.info/forums/showthread.php?41031-Surprise-from-court-and-arrow-global-help!!

When and if this gets served you will have to provide the info to the court in question, and then you can go about contesting it if it seems appropriate to do so.

leigh44

Hi Thanks for responding thats very helpful.

I have not received anything prior to this letter definitely not an N56.

The other fine I have was an actual court fine for a driving offence, I recieved a letter from them explaining that attachment of earnings was going to begin from my next pay.

As this fine is with a creditor and not the courts directly, I was wondering if I do not enter into correspondence with them can they and will they go directly to the courts and start an attachment of earnings anyway?

Again, any help would be greatly appreciated.

Many thanks

fermi

Once it's reached a stage of being served a N61 from the court you can't ignore it.

Read the warnings on the example N61 here: http://wbus.westlaw.co.uk/forms/pdf/cpf02146.pdf

leigh44

Thanks fermi, very helpful once again.

Not sure if you will know, but one more thing, the original debt was back in 2009 and I was disputing it, I was liaising with the Financial Ombudsman etc, I broke up with my partner at the time and didnt follow it through, the debt was then passed onto a debt collectors company who then issued a ccj in 2010. Is there any chance I can appeal the debt now even though I have buried my head in the sand for the last 5 years?

Thanks again

RedLemon

leigh44 wrote: »

Hi,

I need some help, I received a letter saying:

"A Court Enforcement Officer from the xxx County Court has today called to serve on you an N61.
It is in your interest to contact the Officer as soon as possible to arrange service of these documents."

Does this mean an attachment of earnings has been issued and how long until my employer is contacted?

I should add I already have an attachment of earnings from a different court on a seperate debt, but the letter I received from them is different to what I have now.

I tried to contact the County Court directly rather than the Enforcement Officer and they couldnt give me any information other than from what they can see they have not contacted me since 2012.

Any help would be greatly appreciated.

Many thanks

leigh44 wrote: »

Hi Thanks for responding thats very helpful.

I have not received anything prior to this letter definitely not an N56.

The other fine I have was an actual court fine for a driving offence, I recieved a letter from them explaining that attachment of earnings was going to begin from my next pay.

As this fine is with a creditor and not the courts directly, I was wondering if I do not enter into correspondence with them can they and will they go directly to the courts and start an attachment of earnings anyway?

Again, any help would be greatly appreciated.

Many thanks

Driving offences would have been dealt with by the Magistrates Court, not the County Court.

N61 is a County Court form, and should be returned to the County Court.
Not a good idea to ignore it.

leigh44

RedLemon wrote: »

Driving offences would have been dealt with by the Magistrates Court, not the County Court.

N61 is a County Court form, and should be returned to the County Court.
Not a good idea to ignore it.

Thank you, when I spoke to the county court about the other fine they said it was for an unpaid fine issued when driving with no insurance. I believe the original fine was issued by a magistrates but was taken up with the county court to start the proceedings of attachment of earnings, I may be wrong on this - I have no idea how all this works.

I will respond to the N61, but so far I havent received any forms, just a letter stating I should get in touch with the enforcement office to produce to papers.

I would ideally like to appeal the fine as I don't believe I am in the wrong.