Tracing someone before small claims court

Flying_Lemon

steampowered wrote: »

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

As you will see, they say that individuals have to be served at their usual or last known residence.

You correctly note that it is possible to make an application to serve him somewhere else. You would need to apply for permission to do this using form N244. However the fee for this is substantial - £255 - I suspect that exceeds the entire value of your claim. This would be in addition to the fee payable on issuing the claim.

If you know where he works and want to pursue this, personally I would just go ahead and serve at his workplace. You would not be technically compliant with the Civil Procedure Rules, but if he still receives the claim form I think it is very unlikely that your claim would get thrown out for bad service.

You would have problems when it came to enforcement though ... it would be pointless sending bailiffs round to his work.

Thank you. I thought it might have been a bit too good to be true! I'll have a proper think about my options.

waamo

Why not try a tracing agent? They aren't that dear, some are as little as about £20

Flying_Lemon

Yeah, I've looked into tracing agents, but the ones I've seen all want a 'last known address' which I don't have unfortunately. I'll have another look though, I'm sure there must be others who don't need that. Do you know whether I can add the cost of tracing him to the claim?

arcon5

His last known address is the gym. They'll more than likely forward it on. If they don't you get judgement by default.
He then has the option of paying the judgement or paying to have it set aside.. If he does the former you win if he does the latter the court will have his address

DoaM

If you do that, and then the defendant pays (£255) for a set-aside ... there's a chance that the judge may award the set-aside fee against the claimant for unreasonable behaviour in serving the claim. And if this didn't happen and he just didn't pay the default judgment, how would you enforce it without an address to enforce against?

@OP ... I believe you could add reasonable tracing costs to your claim. (Same as you'd add court fees and reasonable costs in bringing the claim).