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Advice re default costs certificate

  • Flower64
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18 Dec 19 #510768 by Flower64
Topic started by Flower64
The court has awarded a default costs certificate for the divorce costs. I've recently filed for ancillary relief in the last few days and I'm exempt from mediation. He has avoided any attempt to engage with the court process thus far and has ignored the judgement for costs.

Is it worth me looking to enforce the judgement or should I wait and include the amount in my form E and try and address it through the ancillary relief proceedings?

There are charges to try and enforce it and as I've been unsuccessful in recovering anything this far I don't know which option would be best.

Advice much appreciated

  • .Charles
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18 Dec 19 #510771 by .Charles
Reply from .Charles
You could use it as a bargaining chip in the financial negotiations but normally the receiving party would use it as a compromise on their part I.e. you would reach an agreement subject to you agreeing not to enforce.

The best way of dealing with it is to sort out the financial settlement and once the dust has settled you can enforce the default costs certificate. If you use a bailiff, those charges get added on and recovered from the other side (if a recovery is made).

Charles

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20 Dec 19 #510784 by Flower64
Reply from Flower64
Thank you Charles, much appreciated

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