I have a judgment but defendant hasn’t paid

steampowered

Attachment of earnings orders are not available against someone who is self-employed.

However, you can still get a third party debt order, which is very similar. This is essentially an order that a third party (such as a bank or a customer of the debtor) pays you instead of him, in satisfaction of his debt.

This is certainly an option although personally I think it is easier to use bailiffs (saves you the hassle of serving the third party debt order on the third party and chasing them. The bailiff should do the chasing for you).

rmcc89

Ok - I've made my decision and i'm going to pay for the bailiff.

Perhaps his thinking is that by ignoring me, i'll just give up chase.

So, I'll keep chasing and show that I'm not going to go away.

If the bailiff fails, I'll play it by ear at that side of the street when I get there.

rmcc89

So, to update.

I've had three letters from the county court balifts saying they have failed to make contact and get an answer.

So it looks like a lost caused.

If only I could transfer to High Court.

steampowered

That's a shame.

Do you know of any other assets held by the Defendant? House, car, income from employment, income from third parties?

rmcc89

steampowered wrote: »

That's a shame.

Do you know of any other assets held by the Defendant? House, car, income from employment, income from third parties?

I only know he's self-employed.

What i need to find out is that if interest accumulates, does it get added to the CCJ?

For example, the CCJ £535. 8$ is £42 ... By next Christmas, Will I be able to apply interest onto CCJ to make the CCj over £600 and transfer to high court.

arcon5

How have they tried to contact him???

steampowered

rmcc89 wrote: »

I only know he's self-employed.

Who are his clients? What type of work are we talking about?

What i need to find out is that if interest accumulates, does it get added to the CCJ?

For example, the CCJ £535. 8$ is £42 ... By next Christmas, Will I be able to apply interest onto CCJ to make the CCj over £600 and transfer to high court.

You can't count interest towards the amount required to transfer up to the High Court for enforcement.

Marktheshark

Is the CCJ in the name of a person or his trading name ?

matilde

I hope someone can help with this question, please. My husband took a business to the small claims court and on 7/12/16 the judgement was made in his favour. The defendant didn't pay and has now applied to have the judgement set aside and has made an application to appeal. The defendant's solicitor has suggested deferring enforcement for the time being but a search on the Gov.Uk website seems to indicate that enforcement isn't an option in this situation. We're not in a position to pay a solicitor and would appreciate any advice from the forum, please.

steampowered

matilde wrote: »

I hope someone can help with this question, please. My husband took a business to the small claims court and on 7/12/16 the judgement was made in his favour. The defendant didn't pay and has now applied to have the judgement set aside and has made an application to appeal. The defendant's solicitor has suggested deferring enforcement for the time being but a search on the Gov.Uk website seems to indicate that enforcement isn't an option in this situation. We're not in a position to pay a solicitor and would appreciate any advice from the forum, please.

It sounds like in your case you got a default judgment and they are now applying to have it set aside?

In legal terms that is not technically an appeal, it is an application to set aside a default judgment. Appeals are something which happen if you don't like the decision made by the judge at a contested hearing and they follow a different process.

Take a look at the CCJ. The CCJ probably says that payment is due immediately. Therefore you could in theory proceed with enforcement.

However, in reality, it would be sensible to delay taking enforcement action until the set aside application has been dealt with. Otherwise you risk wasting money trying to enforce a judgment which is then set aside. You could also be seen to be behaving unreasonably.

What I think you should do is respond to the Defendant's solicitors saying that you will agree not take any steps to enforce the CCJ until their set aside application has been heard by the court. You shouldn't need to inform the court of that, it is simply a sensible agreement reached with the Defendant.