Taking someone to court who has an IVA

t1redmonkey

I was looking to start a claim for money from a builder who completely messed up an extension on my house.  I have recently found out they entered into an IVA and I can see they are on the Individual Insolvency Register.  

Is it possible for me to still bring a court case against them?  I believe they were aware that I was potentially going to claim against them when they entered into the IVA.  If I won the case, would they still have to pay me the full amount if a court ruled in my favour, or would I only get back a percentage of it?

fatbelly

This is at best a 'contingent' debt i.e one that exists at the time of insolvency but has not been quantified. If the debt did have a value attached to it at the time of the insolvency it should have been included.

Either way I think money spent on a court claim would not be well spent. But you should contact the IP who is listed on the Insolvency Register.

sourcrates

If they are insolvent, you would be wasting your time to be honest.

He will have to live within a strict budget, and will have very little in the way of disposable income.

Getting judgement is only the first step, and these are ignored for the most part, to further enforce the judgement would cost you more money, money you will probably not see returned.

Fat belly suggests you should contact their IP, that may be your only choice here, if you can be added as a creditor, then at least you may see some return.