Court Judgements question.

G

Gnash1970

Registered User
Messages
10
Just a few questions on court judgments thanks.

1. Someone enters a defence against a civil bill and then moves home but has a postal redirection service and they inform the creditor. However 6 months later they receive notice by a 3rd party that they have received judgment against them. Is this legal and correct? What happens to their defence?

2. Can an appeal be lodged against a Court Judgment.

3. What options are available for the creditor to enforce judgement?

4. If the person is unemployed can they seek minimum repayments and how much would a minimum repayment be?

5. In the case of a Hire Purchase when the vehicle has been returned but the finance company are demanding money, can the debtor enter a defence that the vehicle has been returned and the agreement was unsecured?




Thanks!
 
Appeals can be lodged within a specified time frame, but sometimes in genuine cases one can apply to court to get permission to appeal after the time limit has expired. However if you were to do this it should be done ASAP after notice of the judgement.

Enforcement is to bring debtor to court to be examined as to their means, installment order, judgement mortgage against any property, publish judgement etc.

Minimum payments depend on individual circumstances.

Defence mentioned is silly.
 

The question you will be asked in court is: "you knew that you were in the middle of a legal action and certain things would need to be done by certain times etc. it's understandable that your postage might have gone astray, but what efforts did you make to find out what was happening with your case? Did you contact the Court office? Did you contact the other sides legal representative? Did you instruct your solicitor etc. etc."

If you've done absolutely nothing, then you may not succeed in being allowed to appeal.
 
Thanks for the replies.

Just one other question.

Once judgment has been given to the creditor does the creditor have a limited timeline to enforce judgment?

If they are to enforce judgment what actually happens? Do they need to reapply to the court to seek enforcement? Or can the court Sheriff seek to have baliffs call on the debtor?
 
An appeal should only be considered if there is a genuine defence to the proceedings, if the money is owed, even if unable to repay, there is little point in appealing. In fact appealing will usually result in the defendant incurring additional legal costs by virtue of the fact that they will also be liable to discharge plaintiff's full legal costs of initial action as well as costa associated with the appeal.
 
Gnash1970 said:
5. In the case of a Hire Purchase when the vehicle has been returned but the finance company are demanding money, can the debtor enter a defence that the vehicle has been returned and the agreement was unsecured?
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Based on this I think the OP is wasting his time putting in a defense. He'd be better off paying the debt as best he can by coming to an arrangment with the hire purchase company.

And yes OP because you are unemployed you will probably be given a low payment schedule, it will be decided by the judge when you show your means.
 
It is 12 years once a court judgement has been obtained.

If no court judgement has happened it would become statute barred after 6 years.
 
Gnash1970 said:
Wouldnt the debt become statuate barred after 6 years however providing no further contact or aceeptance was acknowleged by the debtor?
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That option is also available to you as long as you disappear/cease to exist officially for 6 or 12 years depending on what your creditors decide to do. Might be less hassle overall to just pay the debt.

But you need to think seriously about this because it affects any future plans you may have which would mean marriage and property purchase etc.
 
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