Court case Lost by claiment, whom has no assets. Can they take his parents house??

katesheet

If a claimant will be going to court, and has been challenged by the defendant in their defence,

and the worse case scenario the claimant loses the case, he will be liable to pay for the defendants costs too (admin costs, solicitor costs, additional witness costs etc)

But if the doesn't work, or has no assets (no savings), no property, then what is likely to happen?

The claimant has No property, but if their 1 remaining parent (who is 1 remaining widow) has a house in their name, (as their spouse passed away)
but on the deceased parents Will, this claimant is named as an executor,

Now, if the amount of money to be recouped by the defendant (from the claimant) is large

Then does this legally mean that the defendant (after the defendant wins the case) can take this house (as the claimant has no assets),
then can the defendant claim to take the house to recoup their costs?

Or the claimant is shielded form the defendant to take that property?
(ie,is the house safe?)

Note- they are listed as one executor of that will of their deceased parent, whose widow lives in that property alone.


(Can we not get into the detail of the claim please, it is touching, and please advise on the 'taking away' of the property - from a legal point of view, is the house safe? Or it can be taken?
-This is quite a touching emotional situation and question so thank you for your assistance )

Thank you all.

InsideInsurance

Executor doesnt change anything.

You have posted this in the Insurance section, do they have insurance?
Do they have solicitors acting for them on a no win no fee basis?


Assuming he is self representing and has no insurance etc etc then he would be liable for the court costs, any awards made against them if there is a counter claim and legal/witness costs allowable under the track of the court hearing the claim.

If they dont have the funds to pay for it then the debt becomes a defaulted CCJ and goes onto the CRA file and the other party has the choice if to take enforcement action or let things rest if they think he has no way of paying.

If the house has never been in his name as a single or joint asset then there is no way they could get a charge order against it. An executor is just someone responsible for ensuring the will is followed, creditors paid and remaining assets divided.

katesheet

If a claimant will be going to court, and has been challenged by the defendant in their defence,

and the worse case scenario the claimant loses the case, he will be liable to pay for the defendants costs too (admin costs, solicitor costs, additional witness costs etc)

But if the doesn't work, or has no assets (no savings), no property, then what is likely to happen?

The claimant has No property, but if their 1 remaining parent (who is 1 remaining widow) has a house in their name, (as their spouse passed away)
but on the deceased parents Will, this claimant is named as an executor,

Now, if the amount of money to be recouped by the defendant (from the claimant) is large

Then does this legally mean that the defendant (after the defendant wins the case) can take this house (as the claimant has no assets),
then can the defendant claim to take the house to recoup their costs?

Or the claimant is shielded form the defendant to take that property?
(ie,is the house safe?)

Note- they are listed as one executor of that will of their deceased parent, whose widow lives in that property alone.


(Can we not get into the detail of the claim please, it is touching, and please advise on the 'taking away' of the property - from a legal point of view, is the house safe? Or it can be taken?
-This is quite a touching emotional situation and question so thank you for your assistance )

Thank you all.

bris

They can not take the parents house. It has nothing to do with the defendant. Being the executor of the will and owning the house are two separate and unrelated things.

katesheet

Quentin wrote: »

The house is safe

Thanks InsideInsurance, and Quentin

antrobus

Agreed, claimant's position as executor of an estate is not relevant.

However, given that the claimant presumably expects to be a beneficiary of the surviving parent's estate in due course, that would be relevant.

As in; defendant has six years to launch a claim for payment of the court costs, and if the surviving parent were to die within those six years, then they could 'take the house'.

katesheet

If a claimant will be going to court, and has been challenged by the defendant in their defence,

and the worse case scenario the claimant loses the case, he will be liable to pay for the defendants costs too (admin costs, solicitor costs, additional witness costs etc)

But if the doesn't work, or has no assets (no savings), no property, then what is likely to happen?

The claimant has No property, but if their 1 remaining parent (who is 1 remaining widow) has a house in their name, (as their spouse passed away)
but on the deceased parents Will, this claimant is named as an executor,

Now, if the amount of money to be recouped by the defendant (from the claimant) is large

Then does this legally mean that the defendant (after the defendant wins the case) can take this house (as the claimant has no assets),
then can the defendant claim to take the house to recoup their costs?

Or the claimant is shielded form the defendant to take that property?
(ie,is the house safe?)

Note- they are listed as one executor of that will of their deceased parent, whose widow lives in that property alone.


(Can we not get into the detail of the claim please, it is touching, and please advise on the 'taking away' of the property - from a legal point of view, is the house safe? Or it can be taken?
-This is quite a touching emotional situation and question so thank you for your assistance )

Thank you all.

David_InsDef

You say,

katesheet wrote: »

If a claimant will be going to court, and has been challenged by the defendant in their defence,

it sounds as though the process is already underway; but only now is the claimant seeking to assess the possible scale of the outcome, should the case not be decided in their favour?

That's quite some gamble IMO.

-taff

unless the claimant owns the house in any way, no one can touch it.

katesheet

antrobus wrote: »

Agreed, claimant's position as executor of an estate is not relevant.

However, given that the claimant presumably expects to be a beneficiary of the surviving parent's estate in due course, that would be relevant.

As in; defendant has six years to launch a claim for payment of the court costs, and if the surviving parent were to die within those six years, then they could 'take the house'.

Can they keep on launching a request for payment for those costs, every year?

or they can only launch a claim for those years once, and once only?

or they can apply every 6 months, (which would be 12 times they apply in the 6 years)

on the basis to see if the remaining parent has passed away within year 4 lets say? (ie they would be taking their chance every 6 months to try)


or the can only apply once only? (to launch a claim for those costs)

fatbelly

katesheet wrote: »

But if the doesn't work, or has no assets (no savings), no property, then what is likely to happen?

They don't work so no attachment to earnings

They have no assets so bailiffs (warrant of control) won't work

They have no savings so no 3rd party debt order

They have no property so a charging order won't work

(They could hang on to the judgement for six years to see if any of the above changes)


That only leaves bankruptcy via a statutory demand if they want enforcement now

Voluntary bankruptcy may be the way forward if they lose - discharged after a year.