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Small claims award - full payment not made

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MarzipanQ | 01:26 Wed 17th Oct 2007 | Civil
4 Answers
I was awarded full settlement by The Small Claims Court but the guy has only repaid half of what was due. I applied to the Bailiffs who went to his last known address (family home) but his parents just denied he lived there & said they didn't know where he was. I can't afford to keep paying the Bailiffs fees & the Court Clerk said all I could do was wait till he applied for a loan, mortgage etc & it would show up he had a CJ against him. Don't know how that will help me. It's not a small sum thats outstanding either - well over a �1000. Advice from anyone please?
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If he is working you could apply for an attachment of earnings order, which means you will get money each week / month directly from his wages.

A third party debt order would freeze any money in his bank accounts until you are paid.,

The third option - a charging order - only applies if he owns a house.

Alternative you could sell the debt. A debt collection agency would buy it from you and collect the debt themselves, with additional costs. You would probably get around �600 - �750 for a debt in excess of �1000.
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Thank you for that answer Ethel. The first 3 options might be rather difficult as he works irregularly & invariably for "cash in hand, no questions asked" & I should think it highly unlikely he'd get a mortgage for another house as he'd defaulted so much on his payments that his first house was sold by the Building Society. He used the balance of the sale to buy a BMW before anyone knew there was any cash "up for grabs". However, I love the idea of a debt collecting agency taking my claim over, even if I only got a couple hundred pounds, because someone with a bit of clout pursuing him for settlement would soon dent his arrogant, screw you attitude:) Off to do a bit of Internet Surfing into how to find a Company that offers this service:)
Good luck with it all - please don't just give up entirely.

In my opinion refusing to pay a debt is theft by another name.
Marzi: Do you think he may be on the dole or income support? Whilst this may not be the best result, I believe you can garnish a portion of his Income Support. I could be wrong about this. I know they do it for utilities, court fines, etc. But you may wish to enquire.

However, you would not receive much more than a few pounds each week. Nevertheless, it will remain on 'the books' until it's settled.

And you might check to see if he has a car? There's a possibility!

I wish there were other options for you.

Best of luck
Fr Bill

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