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timbo4444
24-04-2008, 10:57 AM
I have an address for one of two tenants who owe me £2500 in unpaid rent and court costs. I have a county court judgement in my favour, when judgement letter was served on former tenant at her parental address, the letter had been opened and was sent back as "refused". So it seems she can just keep 'refusing' to accept post from the court - is there anything else I can do to get her into court? Is it worthwhile going for a judgement summmons, or will that just be opened and then sent back to the court 'refused'? I know she is at the address but other than sitting outside the property for hours on end and taking photos, little else i can do. Any advice gratefuly received.

agent46
24-04-2008, 11:22 AM
Do you have her bank account and/or employment details?

Mark Hessel
24-04-2008, 11:25 AM
I would suggest you start bankruptcy proceedings. Serve a statutory demand and do Si using a professional process serving company. They sit around for you and serve personally. They can also swear an affidavit as evidence if necessary. Nothing like threat of going bankrupt to encourage payment if they can't afford to go bankrupt.

Judgment summons is something you would Read and think it applies to your circumstances, but it does not. Your options are bankruptcy, attachment of earnings order, third party debt order i.e to seize bank account, shares or property e.g a car among st others, cut and paste link below to your browser for court leaflet that explains your options (excluding bankruptcy)

http://212.137.36.113/news/forms/docs/ex321_0406.pdf

timbo4444
24-04-2008, 11:28 AM
she did leave an opened bank statement in the flat after they were evicted and naturally I kept hold of it.Are you suggesting a third party debt order? Don't I need an address for that to be served? I am happy to try for it but afraid it will just be "refused" again.

agent46
24-04-2008, 11:30 AM
she did leave an opened bank statement in the flat after they were evicted and naturally I kept hold of it.Are you suggesting a third party debt order? Don't I need an address for that to be served? I am happy to try for it but afraid it will just be "refused" again.

See MH's post, above

Mark Hessel
24-04-2008, 11:31 AM
You can do that. Be aware it only freezes account on day court sends them the order. So if the order arrived 1st June and there was £2 in, that is frozen, if the next day £1 million is paid in then that is not frozen and can be removed, so is a bit hit and miss. I would also suggest you serve documents at the usual or last known address you have for the tenant, i.e your rental property, that way you are doing all you can.

Esio Trot
24-04-2008, 12:15 PM
One thing is certain, if she is working (unless doing shift work) it is not worth using the court bailiffs.

They only work 9 to 5, and are civil servants. Thus they will not put themselves out as there is no commission to be earned.

If you are reasonably confident that you can catch her in during the evenings or weekend, you could use Oral Examination. This is where she has to attend court and explain why she hasn't paid and reveal all her financial circumstances. Attendance at court is not an option - non attendance is contempt of court and arrestable. Because of the severity of the sanctions of non-attendance the Notice has to be served personally on the debtor and an affidavit sworn for the court on when and where this was done.