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OT - small claims court

mmukmmuk Posts: 398
edited June 2012 in The cake stop
is there a lawyer in the room?

many years ago (I think about 15 or so) i won a small claims case, got no money, got the bailiffs involved, who also got no money and then I gave up. Is there a time limit on the claim? If i can find the **** who 'had me' can I go for the money now?

cheers

MM

Posts

  • Not a lawyer but know a bit about this. There's a thing called the Limitations Act and I think you have 6 years in which to take legal action - I suspect this would apply to executing a judgement too. The exception will be stuff like personal injury. I'd say you've got f*** all chance (that's a legal term) of getting any money back.
  • ProssPross Posts: 22,156
    I'm not sure that time limit will apply to the judgement. My understanding is that the debt is always the debt but you can only claim it through the court for 6 years after the last time you tried to claim it. However, you have already proved you are due the debt so I think that debt remains until it is paid and could even be claimed through the debtors estate after death.
  • DIESELDOGDIESELDOG Posts: 2,087
    I "think" the 6 year limitation only applies if you never bothered your backside to chase it, so theoretically if you left it for 5 years and 11 months, so long as you contacted said debtor the 6 year rule kicks in again?

    Question is though, is it really worth it?

    Love n hugs

    DD
    Eagles may soar but weasels don't get sucked into jet engines.

    www.onemanandhisbike.co.uk
  • morstarmorstar Posts: 2,820
    Pross wrote:
    I think that debt remains until it is paid and could even be claimed through the debtors estate after death.

    Are you advocating murder?
  • snoopsmydoggsnoopsmydogg Posts: 1,110
    not sure about small claims but loans etc do come under the 6 year banner, after 6 years a debt becomes statute barred and cannot be reclaimed (allegedly).

    If however in the 6 years the debtor acknowledges said debt then the case is reopened for another 6 years.

    There are lots of companies now who will buy others debts for much less than its actual value and contact the debtor with the hope that they either acknowledge the debt (case reopens for another 6 years and the calls commence) or pay up. In the case that the debtor does not acknowledge it then it stays barred but it doesnt stop it being sold on again for someone else to have a try. I have known of companies trying this after cases have been settled or even 10+ years old but as they get older the chances of recouping any monies gets smaller.
  • ProssPross Posts: 22,156
    morstar wrote:
    Pross wrote:
    I think that debt remains until it is paid and could even be claimed through the debtors estate after death.

    Are you advocating murder?

    No, of course not but you know accidents happen and is it the OPs fault if his car accidently mounts the footway and hits the person who coincidently owed him money? :lol:
  • Stone GliderStone Glider Posts: 1,227
    If the bloke was cycling on the pavement, then no! :)
    The older I get the faster I was
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