Getting paid bad debt when moved abroad

Someone owes me 1,000 but before I issue county court paperwork I wondered whether it is worth it as they are working in the USA not sure for how long.

Phil

Reply to
Phil
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If he is working in USA, your claim form may be returned to the court as undeliverable. It may be better to wait until he returns. Does he have any assets here?

John Pointon Accountant, Tax Consultant "In business to grow your business"

Reply to
John Pointon

No idea when she will return.

Whilst I know she is hard up I am led to believe she owns a house. But on which could be a big mortgage!

Phil

Reply to
Phil

If she owns a property here, you could apply to register a charge against it for the value of your debt. This is only possible if you have first obtained judgment against her. It means that her solicitor would have to pay you and the mortgage out of the proceeds f any sale.

John Pointon Accountant, Tax Consultant "In business to grow your business"

Reply to
John Pointon

In message , John Pointon writes

If she has a UK address, which is known, the summons will be posted through the door and, if no defence is made, the OP would get judgement by default. After judgement, he can register the CCJ against her at the property, which will make it difficult for her to get credit if she uses that address.

I'm not sure if he can then take the better step of registering a charge against the property.

This is only useful if he knows she will return, requires clean credit at that address.

The charge against the property would clearly have to be discharged when she comes to sell.

if she wants to contest the CCJ, which she may be able to, on the basis that she did not have the opportunity to defend it, she will have to reveal herself.

Reply to
Richard Faulkner

John

Thanks for that.

Phil

Reply to
Phil

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