Third Party Debt Hearing

Hi,

I have taken a tradesman to the small claims court and won. I now have a Third Part Debt Hearing coming up and would like to know what I need to do to prepare for it.

I have had a letter from the debtor's bank telling me what funds he has so that's been proven. Do I need to provide any more evidence considering I've won the case and am just trying to recover my money? Do I need to do any court bundles or anything like that?

Thanks in advance. 

Comments

  • tacpot12
    tacpot12 Posts: 7,853
    First Anniversary Name Dropper First Post
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    edited 24 November 2023 at 5:20PM
    As far as I know, the hearing is more for the debtor to argue why you shouldn't have the money; and this can't just be a rehash of their case they don't owe you the money.  It is for them to tell the court how you taking the money would leave them in hardship. Therefore the only preparation you should need to do is to decide if want to assemble any evidence that the debtor has other financial resources, e.g. a second job, or income from work they have done for other clients, so you can provide a counter-arguement that they would not be in as much hardship as they are making out. I think I would be ready to argue this, and would seek out any information you can to support this. 

    If they claim that you having the money would leave them destitute, if you can show that they have lied to the court about the amount of money they have available to them, you will have been lucky and should win easily. I think that if they have made any large purchases recently, and you have evidence of this - e.g. a shiny new car on the drive, or a new van, this would also help as the debtor should not have been making any large purchases while also not paying their debts. 

    You also need to be ready to argue why you should have the money, and not someone else that they owe the money to. You need to be aware that certain debts are regarded as a priority, because they might lead to you losing your home or your libierty (i.e. you could be sent to jail if you don't pay them). The court is likely to accept the debtors evidence that they have a priority debt and order that the money goes to that debt rather than yours. Hopefully, the debtor will have no such debts. You should educate yourself on what debts are priority debts - don't trust the judge to know what debts can be regarded as priorty debts, although they should know this. Tell the judge if you think that any other debts they mention are not priority debts. 


    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
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