Order to obtain information

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  • rich hand
    replied
    Thanks Westminster.

    One query I have linked to this and regarding correct address of the debtor. If I were to ask a process server to deliver the document to the debtor at a place of work, would it matter if the address I had put down for debtor was inncorrect (ie the correct address would be found anyway)?

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  • westminster
    replied
    Originally posted by rich hand View Post
    However, since the court bailiff could not get through the front door of the judgment debtor's home at the time of the warrant of execution, how could the court bailiff make contact to give the judgment debtor the order to attend for questioning?
    HMC website says:

    A copy of the order must be handed to the judgment debtor (or officer) personally (called personal service'). That is, you, or someone on your behalf, must hand the order to attend for questioning to the judgment debtor (or officer) personally. However, a county court bailiff may serve the order on the judgment debtor (or officer) on your behalf. There is an additional fee for this service, please ask the court for the up to date fee and how you get the county court bailiff to serve the order.
    So, it doesn't need to be served on the debtor at his home, by a bailiff; you could instead pay a process server to serve it anywhere you know the debtor is likely to be - for example, a local pub - or the process server might just hang around outside his house and wait for him to go out.

    A process server will no doubt have a few professional tricks up their sleeve to get around people who don't want to be served.

    I wouldn't recommend you try to serve it yourself unless you really know what you're doing, and how to prove service.

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  • rich hand
    started a topic Order to obtain information

    Order to obtain information

    After a CCJ and warrant of execution the judgment debtor has not paid the debt and I am considering an Order to Obtain Information before taking any further action.

    However, since the court bailiff could not get through the front door of the judgment debtor's home at the time of the warrant of execution, how could the court bailiff make contact to give the judgment debtor the order to attend for questioning?

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