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Order for possession money owed
Android07
Posts: 191 Forumite
Good morning.
A tenant stopped paying rent. Landlord insurance company's solicitor went through Section 8 and then Section 21 and then a hearing was arranged at a county court. I went to the hearing and the tenant did not turn up. The magistrate decided in my favour.
An order for possession was sent to me by the solicictor after a few days where the court has ordered the defendant to pay me £500.
It has been ten months and the tenant has not paid this.
Meanwhile, I transferred up to the High court and got High court enforcement officers involved. The day before the officers were due to arrive, the tenant ran away.
How do I recover the £500?
Make an attachment of earnings order or a Third party debt order?
An order for possession was sent to me by the solicictor after a few days where the court has ordered the defendant to pay me £500.
It has been ten months and the tenant has not paid this.
Meanwhile, I transferred up to the High court and got High court enforcement officers involved. The day before the officers were due to arrive, the tenant ran away.
How do I recover the £500?
Make an attachment of earnings order or a Third party debt order?
Thank you.
0
Comments
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Do you know where they work?
Do you know their bank details?
Your answers will direct you in answering that final question2 -
And do you know whether they have £500, or a bank account or job worth attaching?2
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Getting court decision in your favour is the easy bit. Getting the ££££ is the tough bit. Attchment of earnings if you know where they work & who their employer is. May only be a couple of quid a month;2
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You do have the option of an Order to Attend for questioning
https://www.gov.uk/government/publications/form-n316-application-for-order-that-debtor-attend-court-for-questioning
Only you can judge at what point this becomes throwing good money after bad2 -
Have you looked at their online presence? I'm thinking of Facebook, Instagram, X (formerly Twitter) Linked In etc. If you're not already signed up you'll be limited in what you can see but it's free to join these sites although you might want to use a 'burner' email address and name because, certainly on Linked In, members can see who has been looking at their profile and I imagine you wouldn't want the former tenant to know you're tracing them. I'm always amazed at how much information people put online about their lives and occupation.Android07 said:
There are also tracing agents who claim to be able to find such debtors and I'm sure there'll be some in your area. I've no idea of the cost and it could again be a case of good money after bad.1 -
Surely, someone ignoring a court order should not require me to go and spend some more to get the first money back?0
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Fees are itemised here
https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50/civil-court-fees-ex50
Any costs you incur are added to the debt but you may reach the point where you have to accept that the money is only flowing one way
If the debtor goes for a DRO, the debt will be written off after 12 months1 -
For £500, I think the conventional wisdom on here would be to... well...
(IYKYK...)5
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