I want to serve a County Court Judgement for money owed to me, but I can't find the persons address. They are not listed on the electoral register. Can I have it sent to their daughters address instead Because they see their daughter at least three times a week. Would this be legal?
2007-01-04 07:47:27 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
YOU cannot send a "judgment". Have you already been to court and obtained a judgment from a judge? If not, then you will have to send them a notice of the hearing to determine the judgment to their last known address. You may have to hire a process server to accomplish this. If, after several attempts, the person still cannot be "served", then your attorney or yourself can publish the subpoena (or order to appear) in the closest newspaper to their last known address. By the way, unless their daughter's address was the last address where they received all their mail, you cannot serve process to that address. If, after all this, they don't show up to the hearing then you will win automatically!
2007-01-04 07:58:11 · answer #1 · answered by ? 3 · 0⤊ 0⤋
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2017-01-21 04:52:02 · answer #2 · answered by ? 4 · 0⤊ 0⤋
No, unless he lives there or the daugther will accept service for him.
Even then you might not be able to enforce the judgement without a court order allowing some kind of substituted service.
Most judgments are good for 30 thirty years or so. Make sure your is registered properly - that usually doesn't happen automatically.
If you know of some assets owned by the person, you can apply to seize them directly or you can ask the judge if you can serve him by publication - printing an ad in certain papers.
You can check real estate records or if you have a phone number, do a reverse lookup on the internet.
Maybe you will just have to wait until he shows up again. Judgments do acrue interest.
2007-01-04 07:59:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
A county court judgement will not definately get your money back. You have to firstly be able to get hold of the person who owes you not their daughter. Your best bet is to go to the county court and get some advise on a small claims hearing ie the cost who would pay etc. Also make sure you have total proof that they owe the money as in county courts it is all based on you proving that in all proberbility this person owed this money because of.....
2007-01-05 10:21:55 · answer #4 · answered by lunastar 2 · 0⤊ 0⤋
No, you cannot. You must have the persons themselves served with the papers. If you mail it, they will hide from you to avoid service of process. Also, YOU cannot serve the judgment because you are a party. You need someone (anyone) over the age of 18 who is not a party to the case and not related to you. So-hire a friend or a process server to wait for them at the daughter's house and all he or she has to do is hand them the papers and walk away. Do not use the mail. If you know when they go to the daughter's house, just have someone waiting there. If not, hire someone to watch for them. A professional process server usually charges about $30 to $50 in my state.
2007-01-04 08:30:22 · answer #5 · answered by David M 7 · 0⤊ 0⤋
Personally, I would seek the advice of the Clerk to the Justices at the County Court from which you intend to serve the Judgement. They are usually very, very helpful people. Be prepared for some tough questions from them though!
2007-01-04 08:08:15 · answer #6 · answered by ? 1 · 0⤊ 0⤋
In both questions no is the answer. Find a Private Investigator in your local area as they can find the persons address and most will serve the person directly by hand on your behalf for a small fee.
2007-01-04 08:11:37 · answer #7 · answered by ricky 1 · 0⤊ 0⤋
I might be wrong, but CCJ's are usually for money owed, you can 'settle' these by paying all monies owed to lender. I think your talking about either a Magistrate or Crown Court, in either court you would have been given the chance to defend yourself. If the court ruled against you, there is a appeal process, though I don't think you would be able to claim Legal Aid.
2016-05-23 03:24:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If it has been to county court, they will serve notice on the person, it will not be down to you. the courts have a better system of finding someone, and not electoral roll. they use the post office list, they have everyone who has recieved a letter theirs :)
2007-01-04 08:46:22 · answer #9 · answered by sunnybums 3 · 0⤊ 0⤋
i think you would need to refer it to a debt collection agency first and they deal with it. it is legal to send it to their daughters i think?? but you would be wasting your time because it needs to be served diretly to the person it could be a breach of DPA if you sent it to their daughters not sure but try CAB but debt collection agency seems like a good idea to me really bugs me when people dont pay their dues
2007-01-04 08:02:44 · answer #10 · answered by Jo C 3 · 0⤊ 0⤋