Re: abuse of process - false county court claim

[hesanmp]

hi, thanks for your reply...what does that mean in layman terms?

[hesanmp]

yes sorry

[AndyOrch]

There are no layman terms Assignment can be quite complex.

 

http://www.legislation.gov.uk/ukpga/Geo5/15-16/20

[hesanmp]

ok, situation is parents have assigned part of my 'alleged debt' to my brother, they have now issued proceedings against me claiming the full amount. can the court stay my enforcement pending the outcome of my parents claim?

[batty69]

hi, thanks for your reply...what does that mean in layman terms?

 

from a purely layman point of view,

 

if something is not yet proven, then it doesnt exist till it is proven (c.f. innocent until proven guilty)

 

therefore surely you can't assign something that is yet to exist?

 

as i say, i'm no legal expert, just my layman point of view

[steampowered]

Do I understand correctly that:

• You have 2 money court judgments against your brother (Debt 1).
  
• You have obtained a charging order over your brother's house. In reliance on this order you have issued CPR Part 8 proceedings asking for an order that the house is sold.
  
• You parents claim that you owe them money and have issued proceedings (Debt 2).
  
• Your parents have assigned Debt 2 to your brother.
  
• You want to find out whether your brother can rely Debt 2 to delay or defend the order for sale.
  

The short answer to your question about assignment is yes, you can assign a debt which is in dispute. The debt does not to be proven and it does not even need to be quantified. However, the story is a bit more complicated than that because some debts are not capable of assignment in the first place (for example, where you have a contract with a non-assignment clause or where the contract is personal in nature). This sounds like a right mess so I'm not going to give you a view without hearing full details of the purported assignment, although I understand if you don't want to do this in a public forum. For now I will just assume that the assignment is valid.

 

 

I guess the more important question is about orders for sale. The short answer is that your brother might be able to use Debt 2 to delay or defend the order for sale. The key point is that orders for sale are discretionary. If the court thinks that your brother will soon be able to repay Debt 1 without selling the house, then it may be prepared to delay the order for sale proceedings until the proceedings for Debt 2 have been dealt with. If we are talking about kicking someone out of their house the court will not do this lightly and will want to be absolutely sure that it is necessary. The factors the court will look at when exercising its discretion to grant an order for sale are the debtor's conduct, the prospects of the debt being repaid wtihout an order for sale, the size of the debt, the value of the asset, whe property is your brother's home and whether there are any other co-owners or occupiers such as children who would be affected and any other human rights issues. This is probably the more important issue to focus on rather than validity of the assignment.

 

If the other side are putting up nonsense arguments in an attempt to delay matters, I guess the appropriate response would be to apply for the proceedings relating to Debt 2 to be struck out, together with an order that they pay your legal costs in making that application. You would normally ask the court to include a paragraph in the order for sale that your costs and interest may be recovered together with the original debt.

 

Hope this helps?

[hesanmp]

hi the order for sale is for land on which there are no buildings and no mortgage.

[steampowered]

That makes it easier than if the house was a home. However, I suspect the court might still wait if it he asks for the delay and the court thinks there is a good chance he will come up with the money. Nothing to stop you pushing forward with order for sale proceedings until that happens.

[hesanmp]

what do you mean come up with the money?

[assisted blonde]

If there is a reasonable chance that the money can be obtained elsewhere within a reasonable time then the court may delay the implementation of the sale, in other words can he get the money elsewhere

[hesanmp]

hi

 

is it possible to raise money/ sell a money judgment?

[honeybee13]

Hello there.

 

I think we're going to need more information in order to advise, please. Is this connected with one of your other threads in this forum?

 

My best, HB

[hesanmp]

yes honeybee..... i might need to raise money to pay creditors due to a stat demand.........

[honeybee13]

Hello again.

 

I don't mean to be rude, but I think unless you give more detail or tell people about one of your other threads that might give background to your question, you may not get much advice.

 

In my experience here, one line questions don't usually elicit much advice, which could be why you haven't had other answers, I'm afraid. It's up to you though.

 

HB

[hesanmp]

hi hb, you're not being rude!!

 

all i wanted to know is if i have a money judgment against somebody for say £20,000 can sell it to joe bloggs for say £10,000 and then they can enforce it at a later date?

[honeybee13]

What do you mean by a money judgement please?

 

HB

[hesanmp]

hi

 

a county court judgment, someone owed me money took them to court and i was awarded judgment........

[steampowered]

In theory you can sell the judgment, although you would need to do a formal assignment and I believe they would need to make an application for permission to enforce before enforcing. Whether you can actually find someone willing to buy the judgment is another matter entirely.