Gransnet forums

Legal, pensions and money

Small Claims Court

(14 Posts)
shysal Tue 30-Sep-14 17:30:02

Has anyone had to resort to this method to claim payment of a debt?
My controlling soon-to-be-ex SIL owes me money from loans since 2008. He has left DD and 3 children for another woman and is living with her and not working. DD has discovered that he has many unpaid personal debts, and he hasn't paid a penny in child support for the whole 2 years since he left! The joint marital home had to be sold to avoid re-possession. The small profit after paying off a large Court order placed on the property(unknown to DD until after the event) leaves just enough to repay me. As it is in theory a joint debt, DD asked for me to be paid from this account, held by the solicitor, but SIL refuses to give permission.
I have no doubt that SIL will ignore the judgement as he is an ostrich and never answers any communication, so I expect I shall have to go back to the Court to ask them to force him to release the money to pay me. I need it to continue to help to pay for their divorce, over which he is being obstructive as with everything else! DD is well shot of him, but Oh! the hassle!
Sorry about the rambling post, but any advice would be much appreciated. The on-line claim process seems very straightforward, are there any pitfalls for which I should be prepared?

kittylester Tue 30-Sep-14 17:34:42

Sorry you are stuck like this sal. I can't help you but thought I'd agree with being well shot but oh, the flipping hassle!! grin

Sure someone will be along in a while who does know!sunshine

Coolgran65 Tue 30-Sep-14 17:58:23

I can only speak of 10 years ago, here in N.Ireland.
The Small Claims system is very simple and straightforward, purposely so, so that a member of the public can apply for themselves and will not feel overwhelmed.

Judge hears the case, looks at your papers (you do have something in writing?? ).
If other party does not show up it is very bad for him.
Other party can choose to pay for a legal rep if wished.
Hopefully Order granted.

A big however....... Small Claims can give an Order but cannot enforce it. Enforcement was done by The Enforcement of Judgements Office who charged a fee at every step. There were no assets And in the end I had the Order, enforcement expenses, and still an unpaidt account.

Your SIL has half the house money. It might mean going to a higher Court to further pursue payment. This will incur fees. If successful you will be wanting settlement to include all of your costs.

Please note...this was my experience 10 Years ago in N.I.
I really do hope you have something written and signed regarding the loans.

shysal Tue 30-Sep-14 17:59:16

Yes, kitty, thanks for the sunshine. I am another with an idiot for a SIL!

durhamjen Tue 30-Sep-14 20:40:08

I had to take someone to the small claims court. It was easy to fill the forms in online, and I got my money back, even though the person did not respond. Someone from the court just went round and he paid up.
I never had to go to court. All I had to do was produce the proof that the money was owed.
If you go through the court, he will have another judgment against him and will find it difficult to get credit when he needs it. That's worth pointing out.
Have you watched a programme about the sheriffs, I think on channel 4 or 5. It's really good watching them go into people's houses and offices, and take office equipment, cars, etc., to pay the debt.

shysal Tue 30-Sep-14 22:03:33

Thanks for your help, ladies. durhamjen, your experience is how I expect it to work. I am sure he has no means of paying other than from the house sale. It seems he has already ruined his credit rating, but acts as though it is not happening. Unfortunately he has ruined it for DD too, as she did not know that he hadn't been paying the joint mortgage or bills! I have signed letters and bank statement evidence, hope it will suffice.
I am not a nasty person, but he has let down so many friends and family members that I would love to see him get his come-uppance.
I have watched the sherrifs on TV, it amazes me how people can bury their heads in the sand. I wouldn't be able to sleep at night if I was in debt.

Deedaa Tue 30-Sep-14 22:06:21

The sheriffs are on BBC 1. I always enjoy the people who call the police only to have the police tell them they've got to pay the sheriffs.

They are the way to go if some one ignores the small claims court judgement. There is a fee to pay but if the debt is a big one it's worth it.

shysal Tue 30-Sep-14 22:21:40

I am allowed to charge interest at 8% and add the Court fees to the amount claimed, if I win the case.
The sherrif programme I have been watching is on Channel 5. There is one who handles situations with such sensitivity, I admire him.

shysal Sat 04-Oct-14 08:38:56

Good news! The money is winging it's way from the solicitor to my bank account! I put a letter through his (girlfriend's) door when he was out, just folded, no envelope, repeating my intention to claim through the Court. I suspect GF read it and got him to lift his head from the sand and sort it out. He met with DD and they had the first calm conversation for some time. He even said he will start paying child support in January, although I doubt it will happen. He made sure to point out that his decision over the debt was nothing to do with any letters or emails he had received (yeah, right!).

Anya Sat 04-Oct-14 09:28:06

A result! Good on you Shysal grin

Nelliemoser Sat 04-Oct-14 10:27:04

shysal well done. Let us know when it arrives and we will come out with you to celebrate. wink

glammanana Sat 04-Oct-14 12:38:32

shysal he must have been informed that he would have the force of GN chasing him and gave in.Good for you well done.grin

shysal Sat 04-Oct-14 14:52:06

His speciality is mind games, but two can play at that. My next project is to stop the GF attending youngest GS's football matches. SIL is one of the coaches - the lazy one who arrives late and leaves before the tidying up. GF stalks DD, stands behind her on the touch line and butts into conversations, then clings to SIL between play. GS is very upset by it all and no longer has the only Daddy-time that he used to get. I plan to go along for a few weeks, and do my own stalking, of her. SIL will be terrified in case I tell tales. I have lots to tell if I wish to, but shall put on a friendly front like butter wouldn't melt!
I am normally a quiet placid person, but like a lioness when someone harms my family!angry

durhamjen Sat 04-Oct-14 14:59:11

Well done, shysal. Make sure you wrap up warm. My son's a coach for his son's football team. You spend longer standing around than the average grand/parent. Although I do not suppose you will want to hang onto his every word. Get the ref to enforce the rules by making sure that spectators stand away from the pitch?