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janine1271
05-03-2007, 16:39 PM
Ok, apologies, I am making a new thread as the last one seems to have got a bit muddled. I am looking for advice from anyone who has:

1) experience / knowledge of using the High Court to enforce a money judgement.

2) experience / knowledge of using the "attachment of earnings" route following a money judgment.

I have no idea what to expect, how long it can take, what are the advantages / disadvantages, etc. of either of these and am trying to decide which route to follow. Ex-tenant owes nearly £7k and has breached the judgement made on Feb 19th which said she must pay by March 5th. She is a property owner and is in full-time employment earning £40k (plus bonus) per annum.

Can anyone help?! Many thanks.

RichieP
05-03-2007, 18:51 PM
Not sure a High Court would be interested in a civil matter like this.

For AoE, complete the relevant form on the courtservice website (can't remember offhand) and send it to the County Court that gave you the original judgment.

You need to know her employers registered name and address, not just the office she works at if it's a large company.

There's no hearing and if it goes through her employers must pay you a reasonable amount from her salary or they will be in contempt of court.

DianeB
05-03-2007, 21:10 PM
Janine, I tried to look at this subject recently, more out of curiosity than anything else (trying to see how the whole system works). Because I am not involved in the legal profession I needed to understand in laymans terms. I found a website (www.small-claims.co.uk) which helped me understand some of the subjects I was looking at.

I don't know if it would be of any help to you, but I just thought I would mention it.

janine1271
06-03-2007, 08:33 AM
Thanks Diane. I tried to make my questions specific, as previously I got a reply about small claims. I have already got the money judgement. My questions are about enforcing the judgement.

RichieP - The County Court referred me to the High Court as the County Court Bailiff can only enforce judgements up to £5k (I am owed £7k).

Poppy35
06-03-2007, 10:49 AM
in the past we have submitted an AEO on a tenant for non-payment - she was asked to provide all her income and outgoings and what she was prepared to pay monthly. After outgoings her disposable income was £850 per month and she offered to pay £50 towards the debt - the judge looked at her disposable income and order she pay £250.00 per month and it was paid off in just over 12 months. The court dealt with the order with her company and her payroll department send us the money every month.

Funnily enough the tenant worked for a major housebuilder and sold the house to the owner as an investment, said she would rent it off the owner, the owner trusted her as she had sold her the house so took no refs etc, the owner came to me after 9 months and asked could we help her with the arrears as she lived in Africa and could not deal with it!!

good luck

DianeB
06-03-2007, 11:13 AM
Thanks Diane. I tried to make my questions specific, as previously I got a reply about small claims. I have already got the money judgement. My questions are about enforcing the judgement.

... which was why I mentioned the site. It does mention claims over £5,000 and explains the different routes of enforcing judgements.

janine1271
06-03-2007, 11:57 AM
... which was why I mentioned the site. It does mention claims over £5,000 and explains the different routes of enforcing judgements.

I have read the info now - it seems to be a private firm offering to take care of the procedures, for a fee? However re the enforcing, it just mentions court bailiffs etc, very general details. Am I not looking in the right place?

DianeB
06-03-2007, 15:01 PM
Hi Janine, it was the section marked enforcement which I personally needed to understand at the time. I found it explained the various courses of action in laymans terms. Just thought it may be of help, but no matter.