Taken to court for non-payment - advise needed

phaedron

To cut a long story short, I separated from my wife a couple of years ago, and took all the debt with me (approx £65k). After struggling for months, I managed to get a Trust Deed arranged in March 2004 - this incorporated all my debt.

However, at the time, I had an ongoing case to try to get access to see my kids , so I couldnt put my lawyers account on the TD. The court hearings ended last late last year, with the result that my wife continued to refuse access, even though I had a court order allowing this. The result was a lawyers bill of over £5k.

I had managed to pay a few k off by selling my possessions (TV, dvds, pc's, clothes, etc), but was still left with a bill of £2.5k. I emailed my lawyer last month to tell him that I could not afford to pay the £300 a month that he wanted, but could manage £50 - 100 a month.

I never heard anything back until this morning when I received a summons to the local sheriff court. For me to defend this I would need to get another lawyer, which I cant afford to do.

Can anybody give me any advise regarding what I can do? I live in Scotland in case that makes a difference with the law.

Regards,

Jeff

delboypass

Why dont you get a legal aid lawyer. If you cant afford a lawyer, a lawyer will be appointed to you. Ask the court what you should do.

phaedron

I cant get legal aid - I dont have enough free income to afford one, but my income is over the range for legal aid.

Turning_into_scrooge

Check with the courts you should be able to have a solicitor apointed to you by them. Not sure if they are called a duty solicitor but i have been told theya re on duty at the courts. I apologise if this info is wrong but give the courts a ring and ask them for help. I do know they have staff to work out DMP if you cant do it, the solicitors are tied in with this group.

Xbigman

I think the legal procedure in Scotland is different but what you need to do is the same.

You don't need a lawyer you can go to court yourself. You need to draw up a budget (or statement of affairs) and take this to court. Show the court your budget which should indicate how much you can afford to pay. You can't be ordered to pay what you haven't got and the court should order you to pay the amount your budget indicates.
This is much better if a third party helps prepare it so I'd visit CAB and get them to help you draw up your budget and get their advice at the same time.
Regards



X

Debt_Free_Chick

Please, call the National Debtline on 0808 808 9000