What do you do if you're sued but can't afford to pay up?
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Soldato
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You come to an arrangement or you lose your assets i would assume.
God knows, as these wonderfully rich folks seem to own nothing when it comes down to their business dying.
God knows, as these wonderfully rich folks seem to own nothing when it comes down to their business dying.
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Yes you get a payment plan. When I did my work experience in the courts, 1 women was given a 50p a week payment plan for 27 YEARS to cover shoplifting and court costs when she lost her case!!!.
If she EVER earnt more money, that 50p would rise. But the court determined it's all she could afford at the moment. She was an unemployed ***** BTW.
The courts can also opt to 'sell' the debt to debt agencies. That's when big burly men bang hard on your door for hours until you let them in then they take your bluray player and sell it for £49, charging you £41 'costs' for their time so £8 off the debt thanks very much :/.
If she EVER earnt more money, that 50p would rise. But the court determined it's all she could afford at the moment. She was an unemployed ***** BTW.
The courts can also opt to 'sell' the debt to debt agencies. That's when big burly men bang hard on your door for hours until you let them in then they take your bluray player and sell it for £49, charging you £41 'costs' for their time so £8 off the debt thanks very much :/.
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Sounds like a criminal case to me
In civil cases the sucessful party obtains a judgment against the other party. That judgment is simply proof of the debt. The successful party then enforces that judgment by notice to the debotr who then needs to pay. Either the debt is paid in full, or an arrangement is entered into. The holder of the judgment is not required to accept any partiular arrangement and can seek to enforce the value of the debt through bailiffs, bankruptcy/insolvecy proceedings etc. Dependant upon the amount owed, different rules may apply.
The judgment holder also has various options to restrain or seize assets dependant upon particular cuircumstances.
Anyone in the position of ahaving a judgment debt entered against them should immediately seek legal advice as to their rights and next steps.
In civil cases the sucessful party obtains a judgment against the other party. That judgment is simply proof of the debt. The successful party then enforces that judgment by notice to the debotr who then needs to pay. Either the debt is paid in full, or an arrangement is entered into. The holder of the judgment is not required to accept any partiular arrangement and can seek to enforce the value of the debt through bailiffs, bankruptcy/insolvecy proceedings etc. Dependant upon the amount owed, different rules may apply.
The judgment holder also has various options to restrain or seize assets dependant upon particular cuircumstances.
Anyone in the position of ahaving a judgment debt entered against them should immediately seek legal advice as to their rights and next steps.
I'd love to know this too, after reading about the case in america of somebody sueing a 3 year old.
They have no assets nor can get they get credit !
Sometihng happened to my housemate a couple of years ago where he owed something like £1200, a debt company bought it for £600 and then my mate paid them.
I thought he was talking crap but I do remember seeing that he owed £1200 (to a bank i think - It was student overdraft between 2 or 3 banks)
He did only end up paying £600 back. I think sometimes banks or whoever realise they are not going to get it back so 'sell' the debt on
*not sure about being suedand having nothing*
Maybe someone should borrow £5000 from quick-quid. With their juicy 2270% APR after a year you would only need to pay back £118,500. Bargain!
I thought he was talking crap but I do remember seeing that he owed £1200 (to a bank i think - It was student overdraft between 2 or 3 banks)
He did only end up paying £600 back. I think sometimes banks or whoever realise they are not going to get it back so 'sell' the debt on
*not sure about being suedand having nothing*
Maybe someone should borrow £5000 from quick-quid. With their juicy 2270% APR after a year you would only need to pay back £118,500. Bargain!
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this happens all the time.
The debt management companies will buy the debt off the company for less than the total debt in order to make a profit on it. They dont usually then ask for the ammount they bought it for however, as then they make no profit which defeats the purpose.
They can sometimes be willing to settle for less if you can pay the whole lot up front however so they can make a quicker profit. Better £700 in the bank now than £1000 in the bank split over 15 monthly installments.
This is completely different to being sued that the OP is talking about however. as if a creditor takes you to county court you get a CCJ which forces you to pay them.
with the OP using the word "sued" i assumed he wasn't talking about the UK.
In the UK the courts push for people to find alternate resoutions to civil matters other than the courts. Whereas in the US every man and his dog sues another person for tiny and stupid reasons and the courts just let them get on with it.
If he has been taken to county court for not paying a debt, he will be given a CCJ and be made to pay the creditor a fixed ammount per month. They wont just tell you to pay the whole lot now if you dont have it. Thats not how CCJs work.
Its just that if you do earn an income, its taken out of pay packet before you even see it, thus guaranteeing that the creditor gets their money.
I think that would then go on to the parents, but that's a guess.
Like liability for damages etc.
A company tried to sue me about 18 months ago. I haven't heard any more since I got 'served' with the court papers. Think it was a cheap shot, but I'd interested to know if there's any kind of website I could look at to find out if the case is still ongoing!
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If it was actually a court summons, and you didn't answer it, you may well have been ruled against by default and have a ccj against you. Check your credit score as it will show up on there.
Surely they would have had to notify me of any court dates?? It wasn't a summons as such. It was a Scottish law firm which confused matters, but was basically a demand for payment (looked like an invoice) and a notification of intention to take it to court. So I told them to go for it!
If you were served properly and didn't respond, then there is no Court date they get a default judgment.
However based on what you've said, you weren't 'served' with court papers.
Regarding the OP it depends what stage of the court process you are at, after liability and quantum is established you can certainly make representations as to establishing a payment schedule and suchlike. Or alternatively if you conclude the matter by consent then you can create a payment schedule there too.
I've handled a number of cases where a judgment was established by the Court and then a subsequent Order created staying enforcement of the judgment pending various conditions (i.e. payment of installments) - if conditions where breached the stay would be lifted and the balance payable - if the conditions were met then the judgment deemed fulfilled.
Post-judgment though it becomes like any other legally enforceable debt - the person owed can come to any informal agreement, file for a charging order on any property or finally push for insolvency/bankruptcy proceedings if appropriate.
However based on what you've said, you weren't 'served' with court papers.
Regarding the OP it depends what stage of the court process you are at, after liability and quantum is established you can certainly make representations as to establishing a payment schedule and suchlike. Or alternatively if you conclude the matter by consent then you can create a payment schedule there too.
I've handled a number of cases where a judgment was established by the Court and then a subsequent Order created staying enforcement of the judgment pending various conditions (i.e. payment of installments) - if conditions where breached the stay would be lifted and the balance payable - if the conditions were met then the judgment deemed fulfilled.
Post-judgment though it becomes like any other legally enforceable debt - the person owed can come to any informal agreement, file for a charging order on any property or finally push for insolvency/bankruptcy proceedings if appropriate.
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