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Help! I'm trying to get judgement against aomeone who owes me money
Conrad
Posts: 33,137
Forumite
The person signed terms acknowledging they owe me money and even emained to say he would pay 2 weeks ago, however he has changed his mind.
The issue here is not whether I will win judgement against his as I'm certain I will.
The issue is this; The cleint has 4 recent address's. I know which one he is at however there is no proof, it's his girlfreinds address. Any correspondance is returned 'not known' and that includes special delivery post.
In order to obtain judgement which he cannot 'set aside' I understand he has to be 'served' at an address. He is very canny and not stupid enough to open the door to srangers (ie baliiffs).
SO, CAN I JUST USE THE LAST KNOWN ADDRESS, FOR WHICH I HAVE UTILITY BILLS PROVING HE LIVED THERE (he gave them to me)?
Remember he will say "but I dont live there m'lud, so I didnt get served".
Can anyone help with this address issue.
The issue here is not whether I will win judgement against his as I'm certain I will.
The issue is this; The cleint has 4 recent address's. I know which one he is at however there is no proof, it's his girlfreinds address. Any correspondance is returned 'not known' and that includes special delivery post.
In order to obtain judgement which he cannot 'set aside' I understand he has to be 'served' at an address. He is very canny and not stupid enough to open the door to srangers (ie baliiffs).
SO, CAN I JUST USE THE LAST KNOWN ADDRESS, FOR WHICH I HAVE UTILITY BILLS PROVING HE LIVED THERE (he gave them to me)?
Remember he will say "but I dont live there m'lud, so I didnt get served".
Can anyone help with this address issue.
0
Comments
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If you are talking about a County Court Claim here, then have a read through:
How to make a claim: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex302_e0907.pdf
In particular it says:What happens if the defendant’s copy of my claim is returned
to the court?
If the defendant’s copy of your claim form and the response pack is returned to the court, the court will send you Form N216 (Notice of returned document). The claim form will nevertheless be treated as having been served if the address of the defendant given on the claim form is the correct address as required by the court rules (the ‘Civil Procedure Rules’). That might be, for example, the usual or last known residence of the defendant.
The index to the CPR's referenced above are HERE, but it is a bit of a maze.
Your best bet is to simply speak to the court or HMCS to find out what your position would be.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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