Trying to enforce a judgement - anyone know any bailiffs?

Adequate

I'm involved in a really long small claims case which I have won by default because the Defendant has been ignoring the courts. I wanted to have an Attachment of Earnings Order placed on the Defendant but in order to do so I needed to know his employee number (know the employers, address etc) so had to also have an Order to Obtain Information served. The court bailiffs have tried to serve the papers but I've recently had a letter saying they were unable to and I have to do it myself. (Out of interest, is the HR department at his work likely to just tell me his employee number if I call them and explain the situation or will it fall under data protection?)

I suspect the only reason they couldn't do it was because they were turning up when the Defendant was at work or he was denying his identity because I know for a fact he still lives at the address I gave and am bored of the whole court process now. Does anyone know any bailiff companies who will just go round and collect the debt for me? I have all the papers from the court saying I have won and how much but the first couple I've tried only recover debts for companies and landlords, not individuals.

Any suggestions would be welcome. If I can't get a bailiff to get the money I will look into Process Serving instead.

Thanks in advance.

hev_2

Are you able to actually give him the papers yourself? I mean, is he a psycho or would it cause a breach of the peace? You could do so, then go to the court and swear an affidavit that you have done so - counts as good service.

You can ask for the papers to be served at his place of work - I think there is a fee for that but it may be worth a try. Trouble is, if he continually refuses to accept the papers then it will be up to the Bailiffs to arrest him for contempt for failing to complete his forms and it doesn't sound like they are that focussed.

You could try getting the matter transferred to the High Court. The bailiffs for them work on commission not salary so they are a bit more ruthless. They will go in and try and seize goods to sell.

Have you spoken to anyone at your local county court about the attachment of earnings process. Did you tell them that you knew where he worked (if you do) because IIRC they may be able to contact the employers direct.

There are some numpties at the County Court but there are one or two that know what they are doing. If you find who does then get their name and always go back to them! They cannot give legal advice but they can and should tell you the procedure and the options.

HTH

Adequate

Hi,

I would be able to serve the papers myself but there are 2 problems:

1. I don't live particularly close and I wouldn't be happy to drive all the way there and find out that he was out for the night
2. He has zero respect for me and I suspect that even if I did give him the papers myself he'll either not take them off me, or continue to ignore them and maintain that I never gave them to him.

I have tried speaking to the Court (his local one because that's where the case was transferred to after MCOL) and I may as well have been speaking to a 2 year old. I've tried ringing a few times and always end up speaking to the same inept. I got some legal advice through my employer and they basically said that I just need to get the papers to be served from the Court (how appear to be confused as to why I want them and have told me to fill out the forms again!!) and try having them served via DHL or other courier. If I could guarantee that this would make him turn up in court and answer the questions, I would do it but I know he won't.

I'm sort of at my wit's end with it and I know the only way to get any further along with this is to get some 'heavies' involved because he knows that as long as it just stays with the Court, he'll never end up paying.

hev_2

Do you know where he works?

If so you can ask for papers to be served on him, by post, at his place of employment.

If you serve them yourself and swear that you have done so it goes to the next stage, eventually ending up with an order for commital to prison for contempt of court for failing to complete the forms (but via court bailiffs see above). He would need make an application to prove he was not served with the papers.

If you are not happy with the numpty you speak to at the court ask to speak to their line manager.

As above you could try alternative methods of enforcement.

Of course, you can ignore all this and carry on complaining.

Adequate

Yes, I know where he works and will consider serving the papers there as a last resort but what my actual question asked was whether anyone know if there are any bailiff companies who will recover the debt for me?


I'm aware of the options available to me via the Court and I'm also aware that they are comlpletely useless and everything I do through them costs money that will not be refunded (only if they get the Defendant to pay, which I guarantee, they won't). The Court has been thoroughly useless up until this point and I'm keen to settle the matter without any further contact with - or payments to - them.

hev_2

IIRC private bailiffs cannot enforce a county court judgement which is why I suggested looking into transferring into the High Court where the bailiffs are paid a percentage of what they recover and are a bit more enthusiastic. This is possible if your judgement is over a certain amount.

ETA if no-one here can give recommendations you could try a debt collection agency from yellow pages, or look on the Debt Free Wannabe board for the agencies that give the most grief.

HTH

Adequate

Hmm, thanks for your help. I doubt it's enough for the High Court (£1400) so I guess I'll look into some debt collection agencies.

hev_2

The amount of £1400 would certainly get it into the High Court, but you could really use professional help getting a high court bailiff instructed which would really add to the costs.

The Defendant has a ccj registered against him now which will hinder him getting credit. I can tell you are really hacked off with the Court Service, but do you know any bank details? If you do check out Third Party Debt orders.

Whatever happens, good luck.

brightonman123

check if option to attach earnings, if employer details are know- they should be able to trace their own staff ! (by name / address..?)

Adequate

That's what I was going to do originally and still might if I have to (I know everything except his payroll number) but again, papers need to go to the defendant - giving him another opportunity to ignore them and the court to do nothing about it (I mean, send bailiffs round when they know he isn't in and then say it was 'impossible' to serve any papers on him).

I did read somewhere today though that if the defendant ignores the court, they may go straight to the employer. Does anyone know if this is true?

hev_2

Adequate wrote: »

That's what I was going to do originally and still might if I have to (I know everything except his payroll number) but again, papers need to go to the defendant - giving him another opportunity to ignore them and the court to do nothing about it (I mean, send bailiffs round when they know he isn't in and then say it was 'impossible' to serve any papers on him).

I did read somewhere today though that if the defendant ignores the court, they may go straight to the employer. Does anyone know if this is true?

:wall: From yesterday's post Have you spoken to anyone at your local county court about the attachment of earnings process. Did you tell them that you knew where he worked (if you do) because IIRC they may be able to contact the employers direct.

If you keep getting the numpty, speak to the line manager or speak to a different county court - try one of the big ones like Leeds or Birmingham who will have whole sections just doing Attachment of Earnings.

However, I promise, cross my heart, hope to die, I will not post again! But you can put me on ignore if you like.