HELP - court action!

skint · Joined: 12 Dec 2006 Posts: 1

Hi
im in a rite mess, i owe over £8400 to my ex and havent got it.

she wants half like NOW and i just cant, she is telling me to get it off my folks but they dont have that kinda money in the bank. The most i think i can give he back is about £150 at a push.
She is starting to say she will get a court order for my wages.
Can she does this and what will this mean?

if i start paying her back the £150 a month will that stop her taking ay action? Can she take any action?

Please help, im not sure what to do at all

cheers

John · Posted: Thu Mar 08, 2007 12:43 pm Post subject:

If you Ex wishes to take court action against you, she may do through the County Court. If she does this, you will be given a Claim form (England and Wales) or a Time to Pay Direction (Scotland). Both of which are largely self-explanatory.

If you recieve any of the above you would need to complete the income and expediture table and submit a repayment offer (ie £150 per month).

If your ex-partner is not happy with that amount, the court will decide how much you can afford to pay. They are reaslitic and would not set an amount you could not afford. This becomes a CCJ (England and Wales) or Decree (Scotland).

If you remain up to date with your repayments on a CCJ then no further action can be taken by her. She would not be able to contact your employer to have monies deducted from your salary.

This is all taken into account only if she can prove that you owe her the money. Do you have a contract? You should admit liability to the court ethically. But is there any actual proof?

Finally, always make sure you have a reciept for monies paid.

Hope this helps? John McKeown - ClearDebt