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judgement summons - periodical payments

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13 Sep 12 #355729 by anna200
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I am LIP and way out of my depth. i completed and submitted d62 to request issue of judgement summons in respect of unpaid spousal maintenance on 20th august. I sent an email to my former spouse advising him of my application and giving him opportunity to pay, i requested he acknowledge this email but he ignored my request. I have now received N24 notice of JS hearing scheduled for the 26th september. for some reason i thought i would receive paperwork from the court requesting i formally serve notice on my former spouse. i am worried i have not complied with the requirement to serve notice and possibly pre action protocol.....can anyone advise me on the process and if i should have taken further steps to serve notice prior to the hearing....will the court have issued the same notice to exspouse as to me...i would really appreciate any advice or web resources which could address my concerns......

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23 Sep 12 #357532 by toystory
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Hi Anna,

Did anyone reply to you? I hope so. It sounds like a pretty scary legal minefield. Good luck with the hearing on the 26th. I''d be really interested to know the outcome. I maybe considering the same pretty soon.

toysory

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24 Sep 12 #357537 by anna200
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no unfortunately i did not get a response but i can understand why as it is easy to get it wrong . so i bought a book for LIPs which confirmed to me i had not followed the correct procedure , then i wrote to ex''s solicitor advising i had issued a judgement summons and enquired if he needed any information from me . it can be quite handy if the other side is represented as they obliged to inform you the correct procedure if you are not following the rules. anyhow as he pointed out my mistakes and advised me he was going to point my shortcoming out at the hearing and requests costs i decided to put in an application for adjournment (£45) to allow me to rectify my mistakes and this i am to do tomorrow. I also consulted a legal executive on an ad hoc basis to give an opinion on the merits of my case. she replied stating i had but confusingly advised me to rely on correspondence i had on file which was annotated '' without prejudice"!!!!!! which i''m sure is not right...anyway i have requested clarification from her on this point... the lessons so far i have learned are that court staff do not know the rules and the legal advice so far has left me more confused. in the meantime ex has made an application to vary the maintenance down or dismiss ( notice received saturday for hearing on wednesday the same date as summons hearing originally set for... i think this is fairly standard proceedure in these cases as non compliance with the order is classed as contempt so the defaulting party should return to court if the payee will not accept a voluntary arrangement .the application also requesting costs if i object. i now have to find out tomorrow what i need to do to contest this and my risk of having to pay his costs....nightmare. i gather a key issue with the judgement summons is you must be able to prove the respondent has the means to pay, which in my case as x is self employed and not declaring an income i have had to rely upon office copies of business premises he sold and ironically a letter from his accountant which stated he has no profits and was using significant personal funds to finance his business . I feel like i''ve unleashed a beast i can''t control. i have also just sent a without prejudice offer to solicitor of ex requesting voluntary solution out of court so fingers crossed he''ll go for that but not holding my breath. .I have been requesting a voluntary disclosure for over 15 months hence my frustration and decision to issue summons. so ultimately x will have to make a full financial disclosure if our applications proceed and i''m hoping i can claim costs based on his unwillingness to disclose...he obviously didn''t want to do this as i was only asking for limited info...I have no idea whether he has anything to hide or not as he is just generally an obtuse person and slightly mad....no winners really, just more stress . i''m also considering just giving up as i''m sick to death of the hassle and would love to never have to think about or deal with the lowlife again.... i''ll keep you posted if it goes ahead and if you do decide to take this route i''ll post the instructions his solicitor quoted me. are there any other options open to you ?? and be alert to the possibility your ex will have to apply for a variation if he is claiming he is without income

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24 Sep 12 #357550 by Serendipity100
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Hi Anna - sorry you did not get replies, but there are some well-respected Wikis on here who ''know their stuff'', as in legally-trained. So whilst I appreciate your case is difficult ( aren''t they all!) I am sure they will be able to answer. If I could, I would, but LIP myself - don''t suppose you could give me name of book you are using - I bought two, but yours sounds more thorough re the ins and outs of Family Law.


In meantime, keep strong and don''t give up. Yes, it is a hard battle - and I am sure most of us have felt like giving up, but don''t!
Ok,hope this helped a bit.

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24 Sep 12 #357560 by anna200
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the book is title ''family courts without a lawyer.'' a handbook for litigants in person . by lucy Reed

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24 Sep 12 #357565 by Serendipity100
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Anna, thanks for that - will source book.
Meanwhile, stay strong: that sounds pedantic and a bit patronsing, sorry.... I mean, keep staying strong, ok? No ''giving up'' though we all feel like it during what is an emotional process anyway during divorce. But thanks again for the book Wish I could be more help on a practical basis. Other Wikis will be along soon, I am sure.

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24 Sep 12 #357655 by toystory
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Anna,

You really are in the deep end so to speak. You''ve done amazingly to get where you are now.

I just had an hours worth of legal advice at the CAB regarding my charging order and possible next steps. Have to say the solicitor was useless and pretty much told me she had zero experience of enforcement - and she was a family lawyer from a top london firm!

She gave me the number of the form she thought i needed - turned out it was the wrong one. Does anyone on here know what form I need if I want to force a sale of property? - I already have a charging order.
It''s such a time consuming and frustrating job trying to get someone to pay what they should be paying voluntarily. I absolutely hate it - and have to say feel like you often. My life would be so much simpler and quieter if I didn''t have all this court stuff constantly banging on my door. And you''re right he''s going for a variation downwards. God help me!

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