BR and Jail?

missimaxo

Ok.... if your friend has not co-operated with the OR, they will not go to jail (well not straight away!).

The OR will apply for a public examination in court, basically getting your friend to appear before a judge and say why they have not seen the OR. If they don't turn up to that hearing, then yes, a warrant for her arrest will be issued. The OR will also suspend her discharge so she will be bankrupt until she co-operates with the OR.

The arrest warrant will be dealt with by court baillifs, who will turn up at her house and try and find/ arrest her. She will be taken to the court and a member of staff from the OR's office will come to court. At court they can either interview her in front of the judge, or more usually get her to sign an undertaking that she will go to the OR's office on a specific date/ time. She might get a bit of a telling off by the judge, but she will be released.

If she then fails to attend at the OR's then she will be in contempt of court and may then be sentenced to a prison sentence.

The arrest warrant will be on the police database, and so if she gets arrested by the police for anything else, she will be handed over to the court bailifs for the same procedure above. Once she attends, the arrest warrant is withdrawn.

betterlatethannever

Didn't your friend move back in with her family after giving up her house? (sorry if i'm getting mixed up here)...can you safely approach her family without causing waves? maybe they could help her or speak to the OR....just a thought

fermi

missimaxo wrote: »

Ok.... if your friend has not co-operated with the OR, they will not go to jail (well not straight away!)..

.............

Grr.... I just spent 5 mins reminding myself of all that HERE, only to find you'd posted it.

Oh well.;)

missimaxo

fermi wrote: »

Grr.... I just spent 5 mins reminding myself of all that HERE, only to find you'd posted it.

Oh well.;)

Lol!!!! Sorry, I know the procedure only too well.... I work for the OR and have approx 10-15 people (creditors petitions!) ignoring me at the moment!

In response to the questions over her health, the OR may be sympathetic if she has health/ depression prblems, but to stop any of the above happening, they would need to see a doctors note to prove it.

My only other thought would be if you could get your friends family involved, ring the OR and explain what has happened and let them complete initial enquiries with her over the phone, they may agree to getting a booklet back by post and doing a telephone interview. It would depend on her personal circumstances though, such as if she is/ was a trader and the level of her liabilities.

sunshine124

thx guys for all your replies, but can anyone tell me how easy it is to get a doctors note? I have spoken to my friend and she says that she will think about going to the doctor but is afraid that the doctor may not believe her, and say that it is "normal stress" and she won't get the note.

How can someone tell how stressed a person is?

fermi

sunshine124 wrote: »

How can someone tell how stressed a person is?

I think being on the verge of "contempt of court" rather than take a phone call from the OR probably counts.

If she goes to the doctor and explains herself honestly, then it should be fine. To be honest, her worry they won't believe her tells me they almost certainly will take her seriously.

funguy

But a doctor's note for stress will not help her current situation unless she co-operates with the OR. All it proves is that she is currently undergoing a stressful episode...nil else.

sammahootexpress

i think u should take her to see the or one look at her theor will take pity and arrange a time when she gets better, u can go with her i had a friend with me when i saw them.

fermi

funguy wrote: »

But a doctor's note for stress will not help her current situation unless she co-operates with the OR. All it proves is that she is currently undergoing a stressful episode...nil else.

A doctors note should allow the OR to see that this is a case of the bankrupt not cooperating due to them being a distressed state, rather than just wilful non-cooperation which is what they will assume otherwise.

There are several other options that can be used if the OR is aware that there is a genuine problem. And unless they are made aware from a source such as a doctor, they will not be inclined to use any discretion that they have.

sunshine124

hi thx for your replies and i am a bit confused now coz funguy has said that it wont really make a difference if she has a doctors note or not, so is there any point going to the doctor? but others seem to think it will help, anyway i have spoken to her sister and her sister says that she is willing to handle her financial affairs, but how will that effect the OR's communication between the Bankrupt? i mean whenever the OR will need some more info on anything, can the OR go through her sister? I mean i have posted another thread on this, and people have said that my friend could give a power of attourney to her sister, allowing her sister to take over her financial affairs.

Could anyone provide any info on this power of attorney thing?