"Search around AAM for a key post from Vanilla detailing this long drawn out procedure for enforcing judgements"
The posts referred to above have disappeared off the site due to age but are as follows:-
Vanilla
Registered User
Posts: 68
(22/9/03 5:01 pm)
If you were motivated enough to get a judgement against him ( well done ! ), why not carry on. The next step is to serve a summons for attendance of debtor on him which requires him to come to court and give details as to his income to explain why he hasn't paid you. If he doesnt turn up you ask the judge to make an installment order against him asking him to pay in one lump sum. If he doesnt pay you serve a committal order on him- which asks him to come to court and give a reason why he should not go to jail for not paying. If he doesnt turn up or turns up but doesnt give sufficient reason, the judge will order a prison sentence. The guards get a warrant and enforce it. It is usually at this stage that people find the motivation to pay and not before.
Of course this is a load of hassle for you time consuming and if both of you are working, you'll need time off to go to court. Asking a solicitor to do it is probably uneconomic, although if the money comes in the end you are entitled to your costs...
Done
Unregistered User
(22/9/03 5:09 pm)
Go get em
Thanks Vanilla, that is very useful.
Have you any more detail on how I would go about serving a summons for attendance of debtor on him? Is there a standard form for this? Would a legal stationers have one?
I did find this stuff on the Courts website - [broken link removed] but it doesn't really tell me how to go about it.
Vanilla
Registered User
Posts: 70
(22/9/03 6:47 pm)
Court steps
The forms are standard forms that you should be able to get from the District court office.
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For the first step you will need to fill up a summons for attendance of debtor in duplicate- this comes with a blank statement of means attached for the debtor to fill up when it is served on him and he returns it to the court office who are supposed to give you a copy.
You also fill up a statutory declaration to accompany the summons- it basically says the amount due to you, where and when you got judgement and the debtors current address. This should be signed before a peace commissioner and sent to the court office with the summons in duplicate- you leave the time and date of court blank and the court office fills it in, retains your declaration and gives you back the summons which you send by reg post to the debtor. You fill out a statutory declaration of service and send it to the court office proving the debtor has been served. Again this is to be signed before a peace commissioner ( they should not charge for this).
On the court date in practise the debtor rarely shows up, and you can ask the court to give you an installment order for the entire amount in one lump sum. If the debtor show up you are entitled to cross examine him as to his means and whether he has the money to pay ;you. NB This is not a rehash of the original small claims court and you do not go into why he owes you money - you already have judgement and this is only in relation to getting payment.
I think the court office will help you with all above documents- but pick your time i.e don't go in when they are up the walls etc
When you get the installment order you actually have to get the order from the court office and again serve it on the debtor. The installment is usually due 7 days after service of the order on the debtor.
When it is not paid, you serve a commital summons on the debtor- again you must do a stat declar of service of it and send it to court office etc,
At that hearing you will have to give evidence under oath as to
1. The date of the installment order.
2.Its terms- i.e one lump sum of Eur X
3. Date of service of order.
4. Date first installment due ( usually 7 days after service)
5. Whether any money paid.
6. Amount now due.
Then judge usually gives prison sentence. Warrant will issue, guards arrest the debtor and they have a chance to pay or go to prison.
*sigh* I know its complicated and probably not worth it in strict monetary terms...