Serving court notices

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    Serving court notices

    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.

    #2
    Do you have her bank account and/or employment details?
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    I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

    All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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      #3
      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
      Mark Hessel

      Any comments I post are just that, comments. Every situation is unique and so you should not apply any comments I make to your situation, no matter how close they may appear to match your circumstances.

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        #4
        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.

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          #5
          Originally posted by timbo4444 View Post
          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
          Health Warning


          I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

          All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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            #6
            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.
            Last edited by Mark Hessel; 24-04-2008, 11:33 AM. Reason: wrong words
            Mark Hessel

            Any comments I post are just that, comments. Every situation is unique and so you should not apply any comments I make to your situation, no matter how close they may appear to match your circumstances.

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              #7
              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.
              On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

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