Enforcing a county court warrant
2:58 PM, 21st April 2016, 10 years ago
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Hi Guys
Does anyone know what evidence, if any, a county court judge would expect one to provide (as claimant) as the basis for rejecting a derisory payment offered by a former tenant debtor against whom a CCJ has been secured?
The debtor in question has offered to pay £20 per month for a debt of £1,600.00 in response to a court warrant issued against her for the recovery of the debt.
Thanks in advance.
Andy
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Member Since January 2011 - Comments: 12196 - Articles: 1396
3:02 PM, 21st April 2016, About 10 years ago
Hi Andy
I have invited David Carter, CEO of The Sheriffs Office, to comment.
.
Member Since March 2014 - Comments: 143 - Articles: 129
3:20 PM, 21st April 2016, About 10 years ago
It’s a tricky one I’m afraid.
We regularly see Judges in the County Court allow what we consider to be paltry amounts as an arrangement to settle a judgment.
I would advise your best bet is to do your research on the defendant, advising the Judge of any assets you believe they have and giving him details any financial details you have. Defendants will always try to look like a man of straw.
It is worth noting that even if a payment arrangement is agreed, if they break it the judgment becomes enforceable immediately. Accordingly, you may wish to act fast and if the remaining sums due are over £600 you could use an HCEO like us.
Member Since January 2016 - Comments: 67
4:13 PM, 21st April 2016, About 10 years ago
Thanks for your comment David. I
Member Since January 2016 - Comments: 67
4:14 PM, 21st April 2016, About 10 years ago
Reply to the comment left by “Mark Alexander” at “21/04/2016 – 15:02“:
Thanks Mark. Much obliged.
Member Since June 2013 - Comments: 179
11:16 AM, 22nd April 2016, About 10 years ago
I’ve lost many 10s of thousands to these tenant crooks. The judges dont give a damn and readily agree to paltry repayment sums as these wasters plead poverty.
In my experience unless they have an asset or a good job with extra money obviously available then you’ll waste time and money chasing shadows. Its grossly unfair and biased, Imagine a landlord owing a tenant money, christ our feet wouldn’t touch the ground on the way to jail or a huge disproportionate fine. Give up and get on with getting better tenants.
Member Since January 2016 - Comments: 67
11:27 AM, 22nd April 2016, About 10 years ago
@Jamie
Thanks for sharing your experience.
Member Since March 2014 - Comments: 143 - Articles: 129
11:34 AM, 22nd April 2016, About 10 years ago
Jamie makes a good point.
I wrote an article on it last year as we found it difficult to manage expectations on such an emotive subject.
https://www.property118.com/the-challenges-of-recovering-rent-arrears-from-residential-tenants/77625/
Member Since May 2014 - Comments: 18
12:18 PM, 22nd April 2016, About 10 years ago
Please take Jamie moody’s advise. He is 100% right
Good luck and best wishes in the future
Member Since October 2013 - Comments: 1308 - Articles: 10
12:51 PM, 22nd April 2016, About 10 years ago
Unless you believe that the tenant has substantial assets or lots of money in the bank, then there is very little you can do so accept the £20 pcm and be grateful that you are getting that. However, if the former tenant has substantial seizable assets then you could try to enforce via bailiffs to seize assets, or you could ask the court to enforce via seizure of the tenant’s bank account.
Member Since January 2016 - Comments: 67
1:05 PM, 22nd April 2016, About 10 years ago
Thanks Robert