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

HappyMJ

If defendant has nothing then nothing can be taken.

The claimant could waste money petitioning for bankruptcy but that wouldn't achieve anything. They'll just wait out the 6 years in the hope one of the defendants parents deceases and leaves a sizeable inheritance which can then be claimed.

Until then...nothing.

pinkshoes

Unless they own a share of the house, then it is not theirs to be taken off them.

Should the other parent die and they come into money within so many years, i believe they can then be chased for the debt.

agrinnall

As I said in one of your many duplicate threads before you started doctoring them, ask your solicitor. In fact, can you just ask your solicitor all of your questions rather than cluttering up MSE?

patman99

If the claimant loses, the Court will order them to pay some (not all) of th defendent's Court costs.

If the claimant has ho money or assets, then the Defendant will get nothing.

If the defendant wishes to push for their legal costs to be paid, then they will have to start their own Court claim against the loosing side.

At the end of the day, the claiment probably knows that if they loose, they won't have to pay out a penny and have no money or assets to sieze which is why they are probably taking the action in the first place.

For them, it's win-win. If they win, they get a load of money. If they loose, they pay nothing.

agrinnall

Please don't feed the spammer. She should know better than to post multiple duplicate threads. If we all ignore her she may (hopefully) go away and take her nonsense with her.

wealdroam

katesheet wrote: »

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.

Quoted in case it gets lost.

somethingcorporate

A very long post for a simple question. If they don't own it then no it can't be taken away.

(not sure if a genuine question or not).

photome

agrinnall wrote: »

As I said in one of your many duplicate threads before you started doctoring them, ask your solicitor. In fact, can you just ask your solicitor all of your questions rather than cluttering up MSE?

The OP makes a habit of it

cajef

agrinnall wrote: »

Please don't feed the spammer. She should know better than to post multiple duplicate threads. If we all ignore her she may (hopefully) go away and take her nonsense with her.

Agreed , every thread they start is posted in multiple boards.