money claim defendants address

allhailthekale

Hello guys,


Can I process a money claim by providing the defendants work address? The defendant refuses to give me their current address and they are refusing to pay me some money for bills at a previous address.


Thank you

Stevie_Palimo

I think it has to be at a home address.

unforeseen

Do they own a vehicle?. Be naughty and misuse Askmid.

DoaM

I thought it only had to be a serviceable address? i.e. somewhere that they can be served court papers?

agrinnall

Rather than make guesses why not just look at the MCOL Guidance, which states:

c) Providing a valid address for each Defendant
You need to provide a full address within England and Wales for
each defendant, including the post code.
This is known as their service address.
MCOL does not have jurisdiction outside England and Wales, claims
issued to addresses outside England and Wales will be invalid.

if the defendant is an individual the claim
must be served to their usual or last known
residential address

if the defendant is an individual using a trading alias then
the claim may be served to their usual
or last known residential address or
their place of business

if the defendant is an organisation then the claim may be served
to their registered office or to
the address where you have been dealing with them

Further information on choosing the address for service correct
ly can be found in the Civil Procedure Rules 6.9. An online version
of the Civil Procedure Rules can be found at:
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/.

steampowered

The rules say you should serve at usual or last known residence (unless you are suing an individual in the name of a business).

The actual rules are set out here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9.

In reality - if you can't find his new address - I would just go ahead and issue proceedings against him at the work address. As long as the Defendant receives the claim form, the claim will proceed through the court process. I can't see a judge throwing it out in the circumstances.

Write a formal letter before action to his work address, and in that ask for his home address for the purpose of service of proceedings. If he fails to respond to that, it is clear you gave him an opportunity to provide the correct address.

shaun_from_Africa

unforeseen wrote: »

Do they own a vehicle?. Be naughty and misuse Askmid.

askMID doesn't give out the address of the registered keeper.
When you make an enquiry all you get is whether or not the vehicle is insured and if it is, the name of the insurer, the policy number and the contact details of the insurer.