Amendment in Judgment - Hep me please !

[WirelessBrain]

Got a judgement against a thug who owe me 4 grand. Unfortunately judgment registered on his trading address and on trading name. He changed his trading name along with his trading address. It is 2 years since the judgment registered but he never bothered to pay, and actually went on benefits (by hiding all of his assets / resources and transferred to his relatives names).

 

Now when I search the judgement register I do not find anything against him (on his name).

 

I want to make following changes in the judgment so that at least his name should appear in county court judgments register:

 

1. Register judgment on his name (Exclude trading name)

2. Change his address

 

How can I do it?

OR

Should I issue a new claim with correct details referring to previous judgment?

 

Any expert help or somebody went through this scenario please share your experience.

[Andyorch]

Hi Wireless

 

Have a read here CPR 19

 

Power to make judgements binding on non-parties

19.8A

 

(1) This rule applies to any claim relating to –

(a) the estate of a deceased person;

(b) property subject to a trust; or

© the sale of any property.

(2) The court may at any time direct that notice of –

(a) the claim; or

(b) any judgment or order given in the claim,

be served on any person who is not a party but who is or may be affected by it.

 

[b(3) An application under this rule –

(a) may be made without notice; and

(b) must be supported by written evidence which includes the reasons why the person to be served should be bound by the judgment in the claim.

 

(4) Unless the court orders otherwise –

(a) a notice of a claim or of a judgment or order under this rule must be –

(i) in the form required by the practice direction;

(ii) issued by the court; and

(iii) accompanied by a form of acknowledgment of service with any necessary modifications;

(b) a notice of a claim must also be accompanied by –

(i) a copy of the claim form; and

(ii) such other statements of case, witness statements or affidavits as the court may direct; and

© a notice of a judgment or order must also be accompanied by a copy of the judgment or order.

 

(5) If a person served with notice of a claim files an acknowledgment of service of the notice within 14 days he will become a party to the claim.

(6) If a person served with notice of a claim does not acknowledge service of the notice he will be bound by any judgment given in the claim as if he were a party.

(7) If, after service of a notice of a claim on a person, the claim form is amended so as substantially to alter the relief claimed, the court may direct that a judgment shall not bind that person unless a further notice, together with a copy of the amended claim form, is served on him.

(8) Any person served with a notice of a judgment or order under this rule –

(a) shall be bound by the judgment or order as if he had been a party to the claim; but

(b) may, provided he acknowledges service –

(i) within 28 days after the notice is served on him, apply to the court to set aside or vary the judgment or order; and

(ii) take part in any proceedings relating to the judgment or order.

(9) The following rules of Part 10 (acknowledgment of service) apply –

(a) rule 10.4; and

(b) rule 10.5, subject to the modification that references to the defendant are to be read as references to the person served with the notice.

(10) A notice under this rule is issued on the date entered on the notice by the court.

 

CPR will allow for any slight errors to be amended within a given time frame.

 

Regards

 

Andy

[Ganymede]

Got a judgement against a thug who owe me 4 grand. Unfortunately judgment registered on his trading address and on trading name. He changed his trading name along with his trading address. It is 2 years since the judgment registered but he never bothered to pay, and actually went on benefits (by hiding all of his assets / resources and transferred to his relatives names).

 

Now when I search the judgement register I do not find anything against him (on his name).

 

I want to make following changes in the judgment so that at least his name should appear in county court judgments register:

 

1. Register judgment on his name (Exclude trading name)

2. Change his address

 

How can I do it?

OR

Should I issue a new claim with correct details referring to previous judgment?

 

Any expert help or somebody went through this scenario please share your experience.

 

 

 

 

The claim should have been issued against "Mr Joe Bloggs T/A Joe Bloggs Builders" etc at his address.

 

As it stands you have a judgment against nobody. You cannot simply change the name.

[WirelessBrain]

Hi Wireless

 

Have a read here CPR 19

 

Power to make judgements binding on non-parties

19.8A

 

(1) This rule applies to any claim relating to –

(a) the estate of a deceased person;

(b) property subject to a trust; or

© the sale of any property.

(2) The court may at any time direct that notice of –

(a) the claim; or

(b) any judgment or order given in the claim,

be served on any person who is not a party but who is or may be affected by it.

 

[b(3) An application under this rule –

(a) may be made without notice; and

(b) must be supported by written evidence which includes the reasons why the person to be served should be bound by the judgment in the claim.

 

(4) Unless the court orders otherwise –

(a) a notice of a claim or of a judgment or order under this rule must be –

(i) in the form required by the practice direction;

(ii) issued by the court; and

(iii) accompanied by a form of acknowledgment of service with any necessary modifications;

(b) a notice of a claim must also be accompanied by –

(i) a copy of the claim form; and

(ii) such other statements of case, witness statements or affidavits as the court may direct; and

© a notice of a judgment or order must also be accompanied by a copy of the judgment or order.

 

(5) If a person served with notice of a claim files an acknowledgment of service of the notice within 14 days he will become a party to the claim.

(6) If a person served with notice of a claim does not acknowledge service of the notice he will be bound by any judgment given in the claim as if he were a party.

(7) If, after service of a notice of a claim on a person, the claim form is amended so as substantially to alter the relief claimed, the court may direct that a judgment shall not bind that person unless a further notice, together with a copy of the amended claim form, is served on him.

(8) Any person served with a notice of a judgment or order under this rule –

(a) shall be bound by the judgment or order as if he had been a party to the claim; but

(b) may, provided he acknowledges service –

(i) within 28 days after the notice is served on him, apply to the court to set aside or vary the judgment or order; and

(ii) take part in any proceedings relating to the judgment or order.

(9) The following rules of Part 10 (acknowledgment of service) apply –

(a) rule 10.4; and

(b) rule 10.5, subject to the modification that references to the defendant are to be read as references to the person served with the notice.

(10) A notice under this rule is issued on the date entered on the notice by the court.

 

CPR will allow for any slight errors to be amended within a given time frame.

 

Regards

 

Andy

 

Thank you for your very detailed reply.

 

Since it is more than 2 years passed since the judgment issued, it will be difficult to request for amendment. Can I re-issue claim? what are the chances of being getting another judgment based on previous one but on correct name and address? Can I do that?

[WirelessBrain]

Yes you are right. As it looks like now is judgment issued against nobody.

 

Can you please advice me what should I do now?

[Andyorch]

You will have to start again from a fresh considering the time that has lapsed.Use the format as per Ganymedes post.

 

Regards

 

Andy