Solicitors who deal in divorce - can u help....
Discussion
I have had my decree nisi gone through court, which is fine, just waiting for the absolute to be made absolute. The thing is, my ex husband has agreed to pay half of all the costs, my solicitor has sent him the bill asking for a cheque to be sent, which i know he wont do even though the judge has said he has to. I'm not sure really what to do if he doesnt pay me, do i have to go through small claims court to retrieve my cost??
Any help would be most appeciated.
Jane x
Any help would be most appeciated.
Jane x
I'm sure if the judge has said he has to then he'll be in contempt of something, probably the court.
Has he been 'instructed' to by the judge? Is it in writing (from your ex) what he'll do.
My guess is it won't have to go to the small claims court and he'll maybe pay of he feels the heat from the law.
Has he been 'instructed' to by the judge? Is it in writing (from your ex) what he'll do.
My guess is it won't have to go to the small claims court and he'll maybe pay of he feels the heat from the law.
markmullen said:
My dad uses a solicitors who will send a letter before action demanding payment within 7 days or further action, all for £1.25, almost certainly cheaper than your current solicitor and very effective.
If you need the details give me a shout.
Not necessary in this instance. lm's solicitor will just ask the judge to jail him and order that he pays lm's costs, too......
Absolutely genuine, they make their money if the case goes as far as court but the majority don't get that far, they just see the 7 days slipping away and get their hand in their pocket.
My dad is a professional credit manager and swears by them, for that money it is cheaper to send out an LBA than for him to bother writing another letter chasing the debt.
My dad is a professional credit manager and swears by them, for that money it is cheaper to send out an LBA than for him to bother writing another letter chasing the debt.
mybrainhurts said:
Not necessary in this instance. lm's solicitor will just ask the judge to jail him and order that he pays lm's costs, too......
In theory thats how it works however in reality it is difficult to get a court to jail someone like this, more likely the debtor submits a jackanory income statement to the court and is allowed to pay off the debt at 2p per month for the next millenium. For the sake of £1.25 the letter is well worth a go IMO even if it is just to rattle his cage.
vixpy1 said:
little me said:
Will he really be sent to prison?? Or are you winding me up?
Jane x
It can be arranged if you want?
Don't tempt me!!! Has been offered for him to be "dealt" with!!
Or do u mean it can be arranged that you wind me up??
Jane x
>> Edited by little me on Wednesday 22 December 00:36
little me said:
but what if i don't accept him paying me 2p a month - or do I get no choice?
Jane x
Unfortunately not, the court decides and you get given it. The best thing is if it goes this way and he again fails to pay, then you can ask for bailiffs to be instructed, they will go around and ask him for the money, if he doesn't offer payment there and then the bailiff will take walking posession (he will put a sticker on goods claiming posession but not taking them) and offer a short period for the debtor to find the money. If he doesn't come up with the money (and the Bailiff's costs) then the bailiff will seize the goods.
The best bit of this is that the bailiff will seize goods that he believes will realise sufficient when auctioned to cover the debt. At aution stuff goes for nothing so the goods seized will have a retail value many times that of the original debt.
The worst bit is that you might get a weak bailiff who accepts stage payments.
Unfortunately not, only his posessions, and in that situation he will no doubt claim that all his posessions are owned by his mum neatly sidestepping the bailiff's clutches.
As I say a £1.25 letter should get him jumping a little bit, if that fails call upon the might of PH and we'll all go round and get your money back for you!!
[Evil Mode] You could bring it to the attention of his mum that the Bailiffs are on standby to come into her home with a court order to seize posessions and imagine how she would feel if that happened. Maybe she will bail her errant son out!![/Evil Mode]
As I say a £1.25 letter should get him jumping a little bit, if that fails call upon the might of PH and we'll all go round and get your money back for you!!
[Evil Mode] You could bring it to the attention of his mum that the Bailiffs are on standby to come into her home with a court order to seize posessions and imagine how she would feel if that happened. Maybe she will bail her errant son out!![/Evil Mode]
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