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Arrestment of wages enforcement

  • meatavermurderer
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25 Nov 13 #414595 by meatavermurderer
Topic started by meatavermurderer
OK for once it''s not the CSA!

Last year I rented out a room to make some extra cash to a student. Long story short he did a runner owning rent and left the room in a tip.
Wrote to him at his parents address asking for outstanding amount to be paid or I would go to small claims court to pursue had no response. He failed to turn up at court in Feb court found in my favour. I tracked him down via his new employer a few weeks ago and engaged the sheriff officers to deliver the decree to his door which gives him 14 days to respond which he didn''t.

So last week I applied via the sheriff officers an arrestment of earnings order against him. Suddenly no I have his attention and had a call from the CAB stating that the 3rd party doesn;t owe anything I explained the situation to the CAB who have then said well sounds like he''s had his chances and will now need to engage a solicitor.

I''ve been told by the sheriff officer he cant stop the arrestment of earning order and I know there is no direct right of appeal against the court findings.

But I think he can try to get the hearing re-called and would this prevent me from getting the money owed until it was resolved?

  • polar
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20 Dec 13 #416602 by polar
Reply from polar
As a landlord I would say follow on with the attachment of earnings notice. Firstly it will piss his employer off as they can add a fee to him for this and secondly you will get paid.

The debtor didn''t turn up in court to put their point so basically lost his right to answer your allegations after the judge ruled.

Why did the CAB phone you. They have no say in any matters between you and a debtor.

Bells ring. They phoned you.???????
NEVER talk to anyone including banks etc unless you are expecting a call. Its the old story of someone giving you enough details to make you believe them and then getting your pin number etc.

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