I have CCJ against company but the debt hasn't been paid
Options
Comments
-
If you paid him personally, there's a chance he's playing fast and loose with his corporation tax. However it also suggests you might have a personal claim against him as an individual. It would mean a whole new CCJ. Speak with a lawyer and get professional advice.0
-
Well, originally he denied there was any problem with the work / service provided. That's not really the point though. The situation now is that there is a court judgment for him to pay, and he hasn't done so, and it is my responsibility to find a way for the court judgment to be enforced. That's where I'm getting stuck.Why is he not paying you?
What has he got to say?0 -
Have you tried to speak to him directly?fighting_the_good_fight wrote: »Well, originally he denied there was any problem with the work / service provided. That's not really the point though. The situation now is that there is a court judgment for him to pay, and he hasn't done so, and it is my responsibility to find a way for the court judgment to be enforced. That's where I'm getting stuck.0 -
Back at the start of the incident, yes, loads of times, via email, phone and eventually a youtube video!! He completely ignored me, until threatening me with solicitors. It is since then that I have obtained the CCJ. Now I'm looking for clarification on how best to pursue the enforcement of my judgment.Have you tried to speak to him directly?0
-
ex parte garnishee against the account you paid the money into.
If he's using that account for business purposes then it should accessible to you.0 -
ex parte garnishee against the account you paid the money into.
If he's using that account for business purposes then it should accessible to you.
Took me a couple of reads, but this seems like a strong solution and he'll regret getting you to pay into his own account as opposed to the business account to screw the taxman when he has to pay his debts...0 -
He will just empty the account.ex parte garnishee against the account you paid the money into.
If he's using that account for business purposes then it should accessible to you.
Sounds like he knows what he is doing.
He has already seen off the court baliffs.
All depends how much money the OP is prepared to gamble if he wishes to persue it.0 -
hence the "ex parte" bit, he'll have no notice until the money just disappears
Obviously if the account is empty when the garnishee order (now called third party debt orders) arrives then that's different.
Having said that, the difficulty is that the CCJ is against the company but the bank account the OP paid is not "formally" a company account. A court could well take the view that as the account was used for receiving company payments then it *is* a company account but the legal costs of establishing that might make it not worth the risk.
My ltd company account is held with the same bank as my personal account and I'm sure lots of others do the same.
If I was the OP I think I'd risk £100 and do one against the company at the bank known about. You don't need branch or account details and it would cover all accounts held by the company at that bank.0 -
sounds worth the gamble to me too. how do i do it?hence the "ex parte" bit, he'll have no notice until the money just disappears
Obviously if the account is empty when the garnishee order (now called third party debt orders) arrives then that's different.
Having said that, the difficulty is that the CCJ is against the company but the bank account the OP paid is not "formally" a company account. A court could well take the view that as the account was used for receiving company payments then it *is* a company account but the legal costs of establishing that might make it not worth the risk.
My ltd company account is held with the same bank as my personal account and I'm sure lots of others do the same.
If I was the OP I think I'd risk £100 and do one against the company at the bank known about. You don't need branch or account details and it would cover all accounts held by the company at that bank.0 -
Have a look at the Insolvency Service website and serve a winding up petition.Don't lie, thieve, cheat or steal. The Government do not like the competition.
The Lord Giveth and the Government Taketh Away.
I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards