A warrant of execution has been served on a debtor but the bailiff visited the debtors address and the occupant has said that debtor has left and the bailiff does not have any further address. He visited them around a month ago and he was there and he said he had paid (which he hadn't) and that is why we had to re issue the warrant. What are our options now at the debt is for 2k?
Province/Country relating to question: England
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.Have you located the debtor?
Not at this moment in time.
Does the debtor have any money ?Is he in work?
I dont know if he has any money. The original debt was put on a payment plan of £300 per month but he never paid this and when i chased him he fobbed me off saying he had sent cheques etc. I then said that he needed to start paying and gave him bank details for a bacs payment and he still didn't pay. That is why I then went to the warrant of exection. At which point he told the bailiff he had paid and they then closed the case and therefore i had to re apply. On the 2nd visit 30 days later it seems that where he was living (with his parents or girlfriend) are now saying he has moved out and they don't have a forwarding address. I have found him on linkedin and it says he is working for BT in Bristol and I also have his mobile number which i called today and he answered. I didn't say anything as i just wanted to check that it was his number. The court have his last work address as he had to fill in a expenditure form for a payment plan but i don't have these details and they might have now changed. If i do find out his workplace can the bailiffs serve the warrant of exection to him there??
They can do that but often bailiffs are very ineffective. They are all very well if there is a clear asset to seize but some debtors are quite adept at hiding them.If he is in work then you could return to court to ask for an attachment to his earnings until the CCJ is repair.Realistically that is the best option that you have.You can also apply for a garnishee order upon his bank account but then you will need to be confident that its the right account and he does always have the option to open another.You can also seek a freezing order but that isnt usually a long term option so unless he has a large sum in the relevant account there is no point.I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.Hope this helps. Please remember to rate my answer either OK SERVICE or above and then I will give you related information for free.
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