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    • scitex22
    • By scitex22 13th Sep 18, 1:04 PM
    • 1Posts
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    scitex22
    Using the small claims court to collect maintenance?
    • #1
    • 13th Sep 18, 1:04 PM
    Using the small claims court to collect maintenance? 13th Sep 18 at 1:04 PM
    Could anybody advise if they have used the small claims court to collect unpaid maintenance. I have a court order in place and I am now owed over 9,000 in unpaid maintenance. I have sought legal advice and have been advised to go back to court would cost in excess of 10k to get to a first hearing, I do not wish to use the CMS as my ex partner is self employed and will hide his income, I am dealing with a very difficult person who does not wish to support his children.

    I am also considering using a debt collection agency. Any advice would be greatly appreciated!
Page 1
    • Comms69
    • By Comms69 13th Sep 18, 1:45 PM
    • 4,406 Posts
    • 4,227 Thanks
    Comms69
    • #2
    • 13th Sep 18, 1:45 PM
    • #2
    • 13th Sep 18, 1:45 PM
    Could anybody advise if they have used the small claims court to collect unpaid maintenance. I have a court order in place and I am now owed over 9,000 in unpaid maintenance. I have sought legal advice and have been advised to go back to court would cost in excess of 10k to get to a first hearing, I do not wish to use the CMS as my ex partner is self employed and will hide his income, I am dealing with a very difficult person who does not wish to support his children.

    I am also considering using a debt collection agency. Any advice would be greatly appreciated!
    Originally posted by scitex22
    What kind of court order have you currently got?


    Debt collection agencies are toothless, if he can avoid the CMS (the great white sharks in this analogy) then a DCA is literally the biggest waste of time


    as for using small claims court - yes you can, it's a good idea. BUT as you've discovered getting an order and getting paid are two separate things.


    Whilst the money would be nice to have of course, is it worth your sanity?


    More info needed really to advise properly
    • HoneyNutLoop
    • By HoneyNutLoop 14th Sep 18, 6:56 PM
    • 512 Posts
    • 400 Thanks
    HoneyNutLoop
    • #3
    • 14th Sep 18, 6:56 PM
    • #3
    • 14th Sep 18, 6:56 PM
    I would say if you want to see how effective the court system is at enforcing maintenance, take a look at the REMO thread. Different situation, but Courts none the less.
    Also take a look at what powers the Small Claims Court has to enforce, compare that to the powers CMS has and then take a look at the court fees for each process.
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
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