small claims

[catcuddler]

if i take someone to the small claims court for money i am owed how long will ther person have to pay up?
if the person doesnt pay up what happens next?
i have proof by bounced cheques?
TIA

[CheekyChops]

If they don't pay up, you may have to pay for debt collectors or bailiffs to collect the debt for you which could be expensive.

You could get a CCJ against them but it could be ordered that they pay you back at �1 per week or something ridiculous.

How much do they owe you, is it worth it?

[catcuddler]

its a few hundred pounds that i cant afford to lose.could there be a possible jail term for the bouncing cheques?

[keithlbw]

Doubtful.....and if you could /would put them in gaol you have no chance of getting paid.

[Ethel]

No chance at all - we haven't had a debtors' prison for many years. The exception is owing money to the government or council.

You would have to apply for a range of enforcement orders - you could get money taken directly from his wages, for exampe; or send the bailiffs in.

If he owns his own house you could get a restriction put on the property.

None are guaranteed to get your money - winning the court case is the easy bit; getting the money is something else

[catcuddler]

thanx for all your advice

[voltr4m4x]

Once again I have to say that the answer as given above by Ethel is spot on. (Obviously has had some experience in these vexed matters !!!)

The fact remains however that for the sake of some relatively small outlay, but voluminous paperwork, you would quite easily obtain a court order, which eventually empowers bailiffs to act to recover the debt on your behalf, but it is then that the cost to you becomes great and you have to weigh up all the pros and cons as to whether it is worthwhile. I hope you do have some luck, but it will be achieved more by bluffing than by positive action.

[spammylou]

How much is the debt?

If you look at www.hmcs.gov.uk

this will give you all the costs involved. If you are on benefit you may not have to pay.

If a judgement is filed normally the person has 14 days to pay it back, and not always in instalments; as we have just successfully won a court case. You can enforce the judgement should the defendant not pay; either

3rd party debt order
Attachment of earnings order
Bailiffs

Good luck in whatever you decide.

[catcuddler]

thank u so much spammy u have really helped me.the debt is for several hundred pounds.can i ask how u proved u were owed