Hi ThereCould you possibly help me with a few questions regarding Perjury/Lying Under Oath & Bankruptcy proceedings?Last year I was awarded judgement for several thousand pounds against someone who owed me money. At that moment in time this person was bringing in an income from renting their own home (mortgaged), a full time wage and living rent free themselves. At the variation hearing I was given a nominal monthly amount of £10.00 to be paid on a set date every month. It was a joke as this will take over 100 years to pay me back. They were asked if they were in any mortgage arrears and they told the judge by £40.00They were bringing in well over £1200.00 a month & assume the expenditure they gave was not wholly true.Anyhow, I originally had taken a bank loan for this person who said they would pay the £200 monthly bank charges & clear the total amount when they were awarded financial compensation from a court hearing they were pursuing. If that failed a re mortgage or sale of property was promised to ensure I would receive my money back.All that never happened & all money from them stopped so I started legal proceedings.It was in September 2011 that the variation was set to just £10.00 a month from a forthwith. Since September 2011, this £10.00 has not once been paid on time. Mostly over a week late at times, where I never know if I will receive it. I telephoned the court in January and they told me that any late payments are viewed as a default as they have not kept to the requirements of the court.The stage I’m up to now is getting ready to attend an order of questioning with the debtor to fully find out for sure their financial circumstances.I am sure the debtor is going to claim that as long as the money is being paid every month, she is doing the best she can. May I ask your opinion on this point please?I have since found out that in approx June/July last year this person got another friend to act as a guarantor on a loan. This ’Mutual’ friend has also told me that as there were initial problems getting the weekly money from her so eventually a contract has been set up between solicitors. From speaking with this other person I am aware that since August last year she has been receiving her money from this person.That means she has certainly had money to be paying out & I don’t understand why this is being paid before mine if that makes sense.Is it just me or is this just wrong? It does not seem right that this person got another person to take a loan from them (a long time after me). I have gained a CCJ, there has been no account of this money on any expenditure they have submitted and I am left struggling to get just £10.00 per month and theirs other person is probably getting close to £100 or more?This person who has also loaned to them has no CCJ and at very best just a contract with solicitor.At the order of questioning, I’m 99% certain this won’t be accounted for/mentioned. If so, am I right to think this will be perjury/lying under oath?If so how would I broach this? There is evidence but obviously other people would have to brought into court?Also, one last question, this person has recently said they are going bankrupt & being repossessed. If this is true, I should find out about this at the hearing right? & if someone does go bankrupt and then comes into a significant amount of money not long after (a year or so) can you still try and gain any owed money?
Province/Country relating to question : England
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Thanks for your question. Please remember to click ACCEPT once you get my answer.Could you summarise into a short paragraph and I will try to assist.
I have a CCJ against someone who is paying a nominal amount to me every month but the payments are always missed/very late.
I have found out that this person I have the CCJ against is paying regular money every week to someone who has leant her money. This money is far more than the amount I am getting.
The court varied the forthwith judgement to a nominal variation order but the money she is paying this other person has never been declared to the court. (Which means she has more money than she says she does)
It does not seem right that I have spent all this time and money going through court for such a nominal amount yet this other person is receiving money owed to her without any CCJ/hasle/expense.
As this has not been declared to the court is this viewed as perjury/lying under oath as they have been ordered to account for their income & expenditure?
Having this judgement should I be given prioty over the money she is giving this other person? Surely that money should be coming to me first? Hope this makes sense.
Also, if someone goes bankrupt is there or was there a law which stated if they came into money within 3 or 6 years they would still be responsible for paying any outstanding debt on the bankruptcy? Does this still exist?
This money that is being paid out has not been declared to the court. Is this perjury as they are lying under oath?
1) You can ask the Court to vary the order for you.If they have assets you can take a charge. If they are earnings you can get an attachment. If they have a bank account you can get a order to freeze it.Ideally someone who has a CCJ should get priority but it does not always work that way and the Court takes into account other debts - so you can enforce other ways.If someone went bankrupt and the debt was included, the debt would be written off. Please remember to click accept so that I am credited for my time. Thank you.
Just one last question if I may, and then i will click the accept button.
Who decides if the debt is included in the bankcruptcy...
The Debtor or The Judge. Could I try for it not to be included?
Many many thanks
Normally the debtor.The Court only seals the bankruptcy order.So if the debtor includes it then it is.I am sorry but its not up to you whether or not it is included.In reality a debtor puts ALL debts in so they are written off. Please remember to click accept so that I am credited for my time. Thank you.
Called to the Bar in 2007
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