Jump to content

Enforcing Court Order


glasmale26

Recommended Posts

Hi,

I have a court order for nearly £2k that a tenant owes me. I have sat on it for a few months as I was just glad she had finally left the property but have now tracked her down and she has given me her address. I am not working at present so can apply for court enforcement without paying a fee in order execute the warrant, call her to court to discuss her income and expenditure and apply for third party debt orders and attachment of earnings and I intend to do all of the above!!!

I just want to check that before I proceed with these steps.......

- Do I need to formally present her with the order for possession and unpaid rent?

- If so can I send it recorded delivery to her along with a threatening letter outlining my plans?

I feel as though I should do this as she didn't come to court on the case date and left the house immediately on that date so could claim she didn't know she owed me the money!

Or do I just go ahead and apply through the courts for the steps shown above to enforce the order?

Second question is this, I contacted a few debt collection solicitors who promise to do various things to recover my money but seem to simply want to follow the same process I would but charge more! However one or two are pretty much guaranteeing to get it back as long as I pay them an upfront fee of approx £300...

Final question.... Is there anyway I can just sell the debt on?? I'd happily settle for a small fee to be done with the whole thing!!

Has anyone else been through the whole process?

Thanks in advance for any help.

SM

Link to comment
Share on other sites

When the judge made the order a copy should have been sent to the tenant as she has to comply with this ruling. If you are not working and have unearned income from your let propert I am not sure you can get court fees free without telling fibs. Think about that one.

If tenant is in work you can get an 'attachment of earnings' which means part of the debt is paid to you each week or month directly from her wage. Don't write threatening letters - not recommended as tenant could go back to court and claim harrassment. Go down the court route to enforce the order.

Yes, you can sell a debt on but depends on circumstance of debtor - if she is totally potless and not working it will not be a very good bet will it? Look online, do some research and ring a few companies for their take on this.

Mortitia

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...