N316A

Ridge125

Hi, I have a judgement in my favour for approx £4,900 and the debtor is refusing to pay. The debt is against a Ltd Company and there is only one employee who happens to be the director!

I have seen that there is an N316A form that can be used to force disclosure from the company officer (which will be the director) to disclose his/her financial position, but was happens if they simply ignore this?

and once the information is obtained (if it is) what can the be done to obtain the money owed?

Pollycat

Is this an option?

https://www.thesheriffsoffice.com/services/support-centre/what-does-it-cost

Sandtree

Ridge125 said:

Hi, I have a judgement in my favour for approx £4,900 and the debtor is refusing to pay. The debt is against a Ltd Company and there is only one employee who happens to be the director!

I have seen that there is an N316A form that can be used to force disclosure from the company officer (which will be the director) to disclose his/her financial position, but was happens if they simply ignore this?

and once the information is obtained (if it is) what can the be done to obtain the money owed?

The form is used to get an officer of a company to disclose certain information about the financial state of the company (not their personal financial state). This is typically done to decide if its worth while pursuing the debt or if there are no prospects of recovery and so you shouldnt spend more money on trying to get the original sum back.

If the court accepts you application and therefore issues a court order for the officer to attend court to make the declarations then it is an offence for them to ignore the court order and CPR 71.8 applies - ie its contempt of court and it'll be escalated to a higher judge to decide the appropriate action for the breach (eg fines)