Adding second guarantor to judgement

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    Adding second guarantor to judgement

    An ex-tenant still owes me £1100 after her deposit was returned to me. Her AST was guaranteed by her both parents.

    I have a CCJ against her and her father (Money Claim online only allows two defendants to a claim). No payment has been made. Bailiffs have been unable to obtain sufficient goods. Ex-tenant is unemployed, father self-employed, with income claimed to be £5000 p.a.

    I have now been told that the mother is employed, and she was employed when she signed the AST ...

    Can I get a further judgement against the mother because the debt is still unpaid (as a prelude to an attachment of earnings order). Or is it the case that the first judgement precludes any others and lets the second guarantor off the hook?

    Is there any point in getting an order to obtain information from the father - I believe he has lied in his statement about his income - who could work for £5000 p.a.

    Or is it time to stop throwing good money after bad, go for a charging order on the father's house (owner occupied), and wait for them to sell it?

    What do people think
    Last edited by Davidjolo; 09-01-2012, 11:08 AM. Reason: correcting typos

    #2
    I have a very similar case where I am owed £3500 and am considering going for the wife who has a part time job. Half of me says 'move on' and the other half is up for it - don't let the ba****** get away with it.

    Anyone out there got any advice?



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

    Comment


      #3
      If you sue the principal debtor, get judgement and he fails to pay you can then pursue any guarantor. It would seem to follow that if you sue the principal debtor and one of two guarantors and they fail to pay you can then pursue the second guarantor.

      Comment


        #4
        Thanks for that Lawcruncher but do you have any views on whether to pursue or not? We are equally divided at work.



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

        Comment


          #5
          Thank you for the replies.

          I think I'll pursue the mother. It might (long shot) shame tenant into paying and I can always go for a charging order next.

          I think it would be a mistake not to pursue as far as possible. Bad tenants do discuss things, including posting on facebook, and a reputation for proper pursuit of debts is better than a reputation for letting people get away with it.

          Comment


            #6
            Originally posted by Interlaken View Post
            Thanks for that Lawcruncher but do you have any views on whether to pursue or not? We are equally divided at work.
            Not sure I can answer that for you. I think you need to take a business view and consider whether the time, effort and expense is worth a possible negative outcome. Forget all about what the tenant may get away with.

            Comment

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