Use form N to ask for a varied order. You can get this free online at Fill in all the details about your income and spending. to apply on form N which is available from your local county court hearing centre. The court The court will send the creditor a copy of your application form. No enforced changes – some thoughts on the Lord Justice Briggs review. Top blog posts. Could the FCA have a role in the regulation of.
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What should I do? This leaflet explains what you can do if you cannot pay the judgment or if the claimant the person who took you to court asks the court to take steps to make you pay. This is known as ‘enforcing the firm. You may want to talk to a solicitor or a local advice agency if you are not sure about the case against you. For information about legal advice, go online at What frm if I cannot pay the judgment? If you have been ordered to pay the whole fofm in one amount ‘in full’ or you have been ordered to pay by instalments which you cannot afford, you can ask the court to vary the order and reduce the instalments.
This is called a varied dorm. Use form N to ask for a varied order. You can get this free gorm at hmctsformfinder. Remember to write in the amount you can afford to pay.
You will have to pay a fee to apply 2n45 a varied order. You can find out how much you will have to pay from the EX50 Civil and family court fees leaflet available online at hmctsformfinder.
Keep a copy and send the form and fee to the court. The court will send the form to the claimant, who will decide whether to accept your offer of payment. In certain circumstances, for example if you are receiving certain social security benefits, you may be able to claim remission from paying a fee.
In other words, you pay a reduced fee or don t have to pay it at all. Firm I cannot pay my judgment If the claimant accepts your offer, the court will make an order for the instalments you agreed to pay. If the claimant does not accept your offer, the court will look at the information you gave and tell you how much to pay and when.
If you still do not think you can afford to pay, you can ask the court to ‘reconsider’ the order. Write to the court within 16 days of the postmark on the varied order.
Give your reasons why you don’t think you can pay the amount the court has ordered you to pay. The court will arrange a private hearing for you and the claimant to discuss, with the district judge, your payments. If judgment was not made in your local court hearing centre, the case will automatically be transferred there before the hearing is arranged.
You will be told when to come to court. You should go to this hearing. Once the court has made an order for instalments you can afford, you must keep up with your payments.
The leaflet – EX20 Paying my judgment what do I do? You can get this leaflet online at hmctsformfinder. Remember, if at any time you cannot pay, you can use this procedure to ask the court to make a new varied order. What if I cannot afford to pay anything towards the judgment? If you suddenly have no income and you can’t pay anything towards the judgment, you can ask the court for permission to stop payment temporarily.
This is called a ‘stay of judgment or execution’. Fill in form N application form to ask for a stay of judgment, giving your reasons. You can get this online at hmctsformfinder. Court staff can tell you how much you will have to pay, or you can get n2455 from the EX50 Civil and family court fees leaflet. The court will arrange a private hearing for you and the claimant to discuss your application with the district judge.
If you do not pay anything once you have received the judgment, n425 you do not keep up with the payments, the claimant can ask the court to enforce the judgment.
The claimant will have to pay a fee for this and flrm will probably be added to the amount you owe. If you do nothing now, you may have to pay more later. The claimant can try to get the money you owe dorm several from. The most common ways are: What is a warrant of control? A warrant of control gives a County Court enforcement agent the power to visit your home or business to: If you cannot pay, the enforcement agent will look at your n2455 and decide whether you own anything which could be sold at auction to pay the debt.
If the claimant asks for a warrant of control, you will usually be sent a letter saying that if you pay the amount of the warrant to the court within seven days, the enforcement agent will not come to your home or business. If you do not pay, the enforcement agent will come to your home or business to collect payment or take goods to sell at auction.
If you can arrange a way to pay the warrant, the enforcement agent will not usually take any belongings straightaway but they will still have to come to your home or business. Paying by instalments If you can pay the warrant in two or three weeks, the enforcement agent may not take your goods. But if you need more time to pay, you may need to ask for the warrant to be suspended and for an instalment order to be made. If you already have an instalment order which you have not been able to pay, you can ask the court to reduce the amount of the instalments.
Fill in form N to ask for an instalment order. The procedure for asking for an instalment order is the same as we have explained on page 1 to ask for a varied order.
This diagram shows you what might happen to your request. If the warrant is suspended but you still do not pay as you said you would, the claimant can ask the court to ‘reissue’ the warrant.
This means that the enforcement agent will visit you again and may take your belongings to sell at auction to pay the debt. You ask for the warrant to be suspended The claimant agrees The claimant agrees, but does not accept what you have offered to pay The claimant does not agree to stopping the warrant The court makes an order suspending the warrant and telling you how and when to pay what you have offered.
The court makes an order suspending the warrant and telling you how much to pay and when. If you do not think you can afford to pay, you can ask the court to ‘reconsider’ the order. You and the claimant are told to come to court. If you do not come to court, the enforcement agent will come to your home or business to collect payment. What is an attachment of earnings order AEO? An AEO is sent to your employer.
N application form –
It tells your employer to take money from your wages each pay day and send it to the court. The court then sends the money to the claimant. If the claimant asks for an AEO, you must: Tell the n2455 if you are: The court cannot make an AEO against you if you are one of the above.
You may need to provide proof, such as your unemployment benefit number or your service number. If you pay the amount you owe straightaway, the court will not send an order to your employer. You must fill in the statement of means and send it to the court immediately. If you do not, the court can send you to prison and may also contact your employer to find out how much you earn. The court officer will also decide how much you can afford to pay each week or each month.
The court officer will take into account how vorm you need to live on and to pay regular bills. This is called the ‘protected earnings rate’. If you earn more than the protected earnings rate, the court will flrm an AEO. The court will send the order to your employer saying how much to take out of your wages and when to take it. The court will send you a copy of the order.
Your employer may take an extra 1 each time they take money from your wages to cover their expenses. If you do not want the court to send an AEO to your employer, you can use the statement of means to ask the court to suspend the order. You must still fill in the statement of means and you must say why you want the court to suspend the order. If the court agrees, the court will tell you to pay a certain amount each week, or each month, direct to the claimant.
The claimant’s address is on the order. Remember, if you do not keep up with these payments, the court will send the order to your employer.
What if I already have other attachment of earnings orders? A consolidated AEO means that your employer will make one payment from your wages to fofm all the orders and can only take 1 per deduction towards expenses.
You can ask for a consolidated AEO by writing to your local court. Remember to give the case numbers of all the AEOs you want consolidated and, if the orders are not in your local court, the names of the courts.
You cannot include an attachment order made to collect maintenance for a partner or for children. You do not have to pay a fee to ask for a consolidation attachment of earnings order. But you will have to pay a fee for the court to look after the order for you.
This will be added to the money you already owe.
DON’T STRUGGLE WITH DEBT ALONE
You do not have to pay the whole fee in one go. What other types of enforcement can the claimant use? The claimant may also ask for a ‘third-party debt order’ or a ‘charging order’. These terms are m245 in the chart on pages 14 and When the claimant applies for a third-party debt order or a charging order, the court will arrange a hearing.
If you don t want the court to make the order, you must go to the hearing to give your reasons. You may ask the court to transfer the case to your local County Court hearing centre for hearing if it is not taking place there.