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Small Claims Court - Insolvency Issues - Help please!

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Comments

  • JohnSmith456
    JohnSmith456 Posts: 16 Forumite
    10 Posts
    Can anyone help please?

    More advice required please...land registry shows he does not own the house, but a relative does.

    Any advice on what this means if we want to go to small claims court? Is it likely we will get any money back?

  • Keep_pedalling
    Keep_pedalling Posts: 22,770 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It makes it less likely as he does not own an asset you can secure a debt on, and it makes it more likely that he will won’t be that bothered about being made bankrupt.
  • JohnSmith456
    JohnSmith456 Posts: 16 Forumite
    10 Posts
    Keep_pedalling said:
    It makes it less likely as he does not own an asset you can secure a debt on, and it makes it more likely that he will won’t be that bothered about being made bankrupt.
    So I guess this means its not really worth pursuing the small claims court and wasting more money? Or will they land a CJJ on him anyway if he doesn't pay?
  • JohnSmith456
    JohnSmith456 Posts: 16 Forumite
    10 Posts
    Can anyone help please?

    So I guess this means its not really worth pursuing the small claims court and wasting more money? Or will they land a CJJ on him anyway if he doesn't pay?
  • GrumpyDil
    GrumpyDil Posts: 2,270 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    If you make a claim, win he will get a CCJ against him. If he fails to pay that will make it difficult should he try to obtain future credits.

    His lack or otherwise of assets just affects the viability of getting the CCJ paid. 
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