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Spelling Suggestion: Claimant sues a defendant for £28K for non payment of a debt, in High Court. Defednant sends in a defence but does not show up for next three hearings. A final hearing is now set late Janaury 2009 and I would like to know from the exp
Spelling Suggestion: Claimant sues a defendant for £28K for non payment of a debt, in High Court. Defednant sends in a defence but does not show up for next three hearings. A final hearing is now set late Janaury 2009 and I would like to know from the expert, please a) What Act or any suitable wording do I ask the District Judge that he should now enter a judgement in my favour and also can I at the same time ask the Judge for a Charging order if so under what suitable Court Act. Should I also prepare myself with the search of the land registry of the appropriate properties, and I presume I shall have to complete the Charging order format the same time or not? Please advise me accordingly. Many thanks.
asked in law and legal



siasl74 answers:

I suspect any opinion you might get here is worth entirely what you will have paid for it due to the lack of knowledge of the specific circumstances of your case. I suggest you hire counsel - £28K is a lot of money to go after by yourself using knowledge garnered from the internet.


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Logicalawyer answers:

The execution of the order is always after judgement usually at another hearing. The fact that you want a charging order means it has to be secured this is 2 downsides, you cannot search the land registry by name and therefore unless you actually have an idea what properties or interests in properties are known, you may have to hire an enquiry agent to find out all of which adds to your costs.

Its seems as though you are litigating in person, you should be aware that this is highlt risky but this is something perhaps you could message me on.
While you may get a charging order on known properties if those properties are not sold or transfered you do not get your money, or may not get your money for many years in some cases.

If the final hearing is in january 2009 than there is nothing you need to request, it will become clear that the defendant is not interested and the court can enter a decision in the defendants absence unless there is some good reason.


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