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 What can I do if someone won't repay a court-enforced debt?

Q In 1997 I lent a solicitor friend of mine £10,000. He was supposed to repay it over 10 months at a rate of £1,075 a month. He only made one payment. I continually asked him for the money but he said he was unable to pay. A solicitor advised me to pursue him through the small claims court, which I did. He didn't attend any of the court sittings although he did respond to the letters sent to him from the court.

A district judge then ordered him to pay me £11,337.81 but I didn't receive any money, mainly because he had been struck off. During this time I have been seriously ill and have not had the energy to continue my claim against him until now. I have been informed that he is again working as a solicitor and I know where he lives. Can you advise where I can go from here?

DF

A You should send a copy of the judgment to your solicitor friend and request payment. If you don't receive any response, you will have no option but to take further legal action in the courts to get your money.

It's up to you to decide which method of enforcement is the most appropriate. If you know your friend has assets in his home or business you could send in the bailiffs by applying for a warrant of execution. Or if, as you say, he is working as an employed solicitor, you could apply for an attachment of earnings order, which allows the court to extract payments from his salary.

If you do not really know anything about your friend's financial position you should try to get more information before opting for an enforcement procedure. You can do this by applying to the court for an Order that your friend be called to the court to be interviewed about his financial position. For more details go to www.hmcourt-service.gov.uk


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