Enforcing a court judgement...?

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    Enforcing a court judgement...?

    I have a judgement via a possession hearing against my former tenant. He didn't attend and the letter I've received states "It is ordered that the defendant pay the sum of £1456.80 to the claimant".

    I also obtained authorisation to use his deposit in part satisfaction but this will still leave about £900. I don't want to spend any more money really, as he seems to be a man of straw, and now claims he is unemployed. He has given no forwarding address of course, and I see his copy of the judgement has been sent to my property - ie his last know address - so he won't even know about it! I have his national insurance number, that's about it.

    Is there anything I can do to chase the debt, or even just to make the point that I'm not just going to go away? There's no date by which the judgement has to be paid by.

    Any suggestions would be most appreciated!

    #2
    Do you know where he works? If so you could get an 'attachment of earnings' which means part of the debt is paid out of his wage weekly/monthly but that will cost you about £75 to process. If he is not working I would write it off but you have 6 years to claim the money back just in case you hear he wins the lottery.

    You could also use a debt collector to trace him but that will also cost and there is no telling if he will pay or just disappear again. Since you think he is a 'man of straw' it would be wise to move on annoying as it is.



    Freedom at the point of zero............

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      #3
      I say keep chasing him, or he'll tell all his mates you don't pursue ex-tenants for debt.. then guess what sort you get offering themselves as new tenants??

      As long as he gets a job within say 5 years you should be able to get something back.

      If you have work/pers "emergency contact" numbers you could try them, also his old work place, maybe ex-neighbours, post-man (always knows a lot) milkman, new tenants (he may pop round & ask for redirection from them)... whoever...

      Of course if his mail isn't re-directed and someone opened it you might find out where he is working....

      I tracked one guy down after 2 or 3 years... ('twas Scotland) the Sheriff's Officer who served the paperwork on him said he "Went White" when presented with it... made my day.. some of the money came in handy also.. The tax-man was still writing to his "old" address, the tenanted property, and sent him a tax-coding which also mentioned his employer...
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        If he's on the dole it is not worth chasing, but you can go after him later. A tracing agent will cost £50-100 to find him - but you can't get blood out of a stone. If you hear that he gets a job, the goal posts change. Find him at his new address or work place and then go for an attachment of earnings order.

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          #5
          Don't let him get away with non payment as a previous poster has mentioned you will get a name of not chasing debts. The best option would be to trace this chap to him new addresses and find out if he's employed or if he's on the dole. If he has some goods around the place such as a car you could upgrade the case to the high court and use a HCEO to seize goods from him to repay the debt. If he's employed get an attachment of earnings order and get the money back direct from his wages.

          What ever you decide to do don't let him get away with it. Good Luck. If I can be of any assistance give me a pm.

          Regards
          Daniel.
          Last edited by LandlordZONE; 04-01-2011, 16:59 PM.

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