Taking a tradesman through the Small Claims Court

climberkayaker

Hi folks. I’m trying to work out what will actually happen at the end of the small claims process as I find the whole thing pretty confusing. Interested in what has happened in a similar situation to anyone on here. (Basically I’m asking if I’ll get the money back!)

details
- In Scotland
- paid a local tradesman £2000 deposit and have all documents to prove this
- tradesman failed to show up on multiple occasions over 4 months (have this all documented in numerous WhatsApp’s )
- asked for money back but told that he didn’t have it any more and couldnt do the work (also have this documented)
- started small claims process a couple of months ago 
- court did not manage to serve him so I filled in a “  Additional Orders Application” (present whereabouts unknown)  and “service by advertisement application”

on the phone the tradesman mentioned declaring bankruptcy though I don’t know if he has done this. Local rumour is that he’s a coke head so it’s possible he won’t have done what he planned (though it explains where my moneys gone!)

If he fails to respond to the small claims court (which is what I think is happening just now) then what happens? If I get my money back will it come from him or is there some fund that the court pays from and then pursues him for the amount? What happens if he has declared bankruptcy?

Any clarity on this much appreciated 

anselld

You can get a judgement, but if he has no assets or income then you might as well kiss goodbye to the money.  The Court doesn't pursue anyone for payment, that is down to you to take enforcement action which would probably be good money after bad under the circumstances.

user1977

Even if he has the money, you'll need to find him first.

PRAISETHESUN

The money will come from the tradie. If you win a judgement and he doesn't pay, then you will need to instruct bailiffs for enforcement. But if he's gone bankrupt, then it's very unlikely you'll get anything from him as he needs to have money to be able to pay you...

MEM62

It's probably time to let this go and stop throwing good money after bad. If he has no assets you will not be able to recover anything - even after winning your case in court.  

_Penny_Dreadful

climberkayaker said:

Hi folks. I’m trying to work out what will actually happen at the end of the small claims process as I find the whole thing pretty confusing. Interested in what has happened in a similar situation to anyone on here. (Basically I’m asking if I’ll get the money back!)

details
- In Scotland
- paid a local tradesman £2000 deposit and have all documents to prove this
- tradesman failed to show up on multiple occasions over 4 months (have this all documented in numerous WhatsApp’s )
- asked for money back but told that he didn’t have it any more and couldnt do the work (also have this documented)
- started small claims process a couple of months ago 
- court did not manage to serve him so I filled in a “  Additional Orders Application” (present whereabouts unknown)  and “service by advertisement application”

on the phone the tradesman mentioned declaring bankruptcy though I don’t know if he has done this. Local rumour is that he’s a coke head so it’s possible he won’t have done what he planned (though it explains where my moneys gone!)

If he fails to respond to the small claims court (which is what I think is happening just now) then what happens? If I get my money back will it come from him or is there some fund that the court pays from and then pursues him for the amount? What happens if he has declared bankruptcy?

Any clarity on this much appreciated 

This is something I’ve been through myself. 

You can check the Accountant in Bankrupcy website to see if he’s insolvent. 

https://aib.gov.uk/systems/register-of-insolvencies

Once you have the decree you then have to enforce it. As he’s self employed and you don’t know his whereabouts the diligence that is likely to be most successful is a bank arrestment. 

You need to instruct Sheriff Officers or Messenger at Arms to execute the bank arrestment. Once executed the bank will freeze the money in his account. After that comes the Furthcoming which takes about 14 weeks where any money recovered from his bank accounts is handed over to you.