2 years ago | 11 comments
Hello, after five and a half years, a CCJ debtor still hasn’t paid their outstanding rent (£3k). Attachment to earnings and Sheriffs have been unsuccessful (they are an agency worker, albeit full time).
I’m wondering if anyone has experience of issuing the N316 form for debtor to attend court to declare income and earnings?
He has his own property which he rents out but I understand that a charging order against a property is not straightforward either.
Having already paid additional fees, I’m reluctant to pay even more if chance of success not good.
Any help greatly appreciated.
Thank you,
Helen
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Member Since June 2022 - Comments: 110
7:48 AM, 9th June 2024, About 2 years ago
I thought if you had a CCJ then you could attach it to their house, and one day when they sold you’d [finally] be paid ??? For the small sum (£3k) I don’t think you can force a sale, but your debt can sit on the asset.
See: https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment
It says: You can ask the court to charge the debtor’s land or property. This is called a ‘charging order’.
If the land or property is sold, the debtor must pay this charge before they get their money.
Download and fill in a request for a charging order form N379.
For the satisfaction – do that.
Member Since March 2023 - Comments: 1506
8:43 AM, 9th June 2024, About 2 years ago
Yes you can, but again you have to pay for it (£110 I think) and you need to attach a copy of the land registry documentation. It has to be for at least £1000