Small Claim Court

alice60

Small Claim Court ordered to pay me £3000. But the defendant hasn't payed anything. He doesn't have a house, he is older than 65, What is the best way to get my money back? Very much appreciated.

Sandtree

Your options are Make a court claim for money: Enforce a judgment - GOV.UK (www.gov.uk)

The question will be if he actually can afford it or not... if he has assets that can be seized then a high court writ could be obtained but you are then paying more money which may be unrecoverable if he has nothing and no income of note etc.

emmajones1976

Did you investigate the likelihood of him being able to afford to pay you anything before getting as far as this?

As above, it depends if he has assets. Does he have a car?

alice60

He has a van. I suppose he has some income if he works as plumber.

Ectophile

Do you know it's his van, or could it be leased or on finance?  High court enforcement officers can only seize things that are actually owned by the person owing the money.

alice60

I think it is his.

alice60

Also his wife has a car. Can his wife's car be taken? Thanks

lincroft1710

alice60 said:

Also his wife has a car. Can his wife's car be taken? Thanks

If the car is solely in her name, it cannot be taken

Jenni_D

Have you looked at engaging a High Court Enforcement Officer (HCEO)? (Think of the TV show Here Come The Sheriffs).

alice60

 

i have decided to:

You can ask the court to order the debtor to attend court to provide evidence of their income or spending.

Thank you so much for all your replies!