Small claims court, what happens next?

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Jody
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Small claims court, what happens next?

Post by Jody »

As some of you may recall, I got scammed back in the summer by a seller on Facebook that didn't ever have the goods to sell!

I went down the small claims court route, the defendant didn't respond to the letters. I don't know what happens next

If I look at my claim online on the .gov website, it still says

You requested a County Court Judgment against Mr Jamie Dxxxxx.

But it's been saying that for months. I don't know what I'm supposed to do next.
I'm currently on hold to the .gov helpline but the wait time is over 25 minutes !!
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Re: Small claims court, what happens next?

Post by Scud »

If they don’t respond then the judgement will ultimately go in your favour, when I don’t know, if you’ll ever see your money is pretty unlikely
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Re: Small claims court, what happens next?

Post by gremlin »

That. They'll find against him and award you what you've claimed.

To get it, you may well have to resort to bailiffs.
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Re: Small claims court, what happens next?

Post by Yorick »

We took a tenant to court and had to get bailiffs to collect as she didn't pay what court told her.

The bailiffs costs were added to what she owed.
Took a few years, but we got everything penny back.
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Re: Small claims court, what happens next?

Post by Buckaroo »

If they own a property (outright or mortgage) put a charge against the property and wait for them to sell or move.

My brother had this done to him by a crooked accountant. He couldn't sell and took it to court, won his case and was awarded his costs. The money isn't forth coming, so he did the same to the accountant. Revenge will be served and he will get his costs back.
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Re: Small claims court, what happens next?

Post by Yorick »

I remember now. When we took the tenant to court and won and got bailiffs in, she went bankrupt thinking she was clever as she knew the bailiffs lost their power.

But we knew she was training to be a lawyer and they can't have any judgements against her.
We waited and she eventually found that out. She paid monthly from that point

:obscene-birdiedoublered:
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Re: Small claims court, what happens next?

Post by MyLittleStudPony »

Go round their house and put the grip on them.
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Re: Small claims court, what happens next?

Post by Horse »

MyLittleStudPony wrote: Thu Dec 18, 2025 3:15 pm Go round their house and put the grip on them.
Employ an illegal immigrant to do it for you

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Re: Small claims court, what happens next?

Post by cheb »

My knowledge is about 40 years old but this is what I remember. Most of the extras cost money but it's added to the amount owing.

The usual ones most people know about:

Once you have the judgement against them you can ask the court to sent the bailiffs in. They weren't usually much good against those who know the system.
If they have a property, house or the like, you can have a charge put on it. Like a mortgage, you'll get your money when the hose is sold. That make take a bit of time.

The amusing ones that aren't as well known:

If you have their bank account details you can ask for a stop to placed on their account. No money is allowed out, though I think money can still be paid in.*

You can ask the court to summon them for an examination of their finances. If they don't turn up, they usually don't, you can request an arrest warrant. Not exactly high priority for the police but if they are stopped for a traffic offense or by ANPR they might be nicked.

*That made the accounts department of a large PLC perk up. Made my day too.
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Re: Small claims court, what happens next?

Post by Horse »

cheb wrote: Thu Dec 18, 2025 3:52 pm My knowledge is about 40 years old but this is what I remember. Most of the extras cost money but it's added to the amount owing.

The usual ones most people know about:

Once you have the judgement against them you can ask the court to sent the bailiffs in. They weren't usually much good against those who know the system.
If they have a property, house or the like, you can have a charge put on it. Like a mortgage, you'll get your money when the hose is sold. That make take a bit of time.

The amusing ones that aren't as well known:

If you have their bank account details you can ask for a stop to placed on their account. No money is allowed out, though I think money can still be paid in.*

You can ask the court to summon them for an examination of their finances. If they don't turn up, they usually don't, you can request an arrest warrant. Not exactly high priority for the police but if they are stopped for a traffic offense or by ANPR they might be nicked.

*That made the accounts department of a large PLC perk up. Made my day too.
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AI Overview

A garnishee order, also known as a Third Party Debt Order (TPDO), is a court order telling a third party (like a bank, employer, or someone who owes the debtor money) to pay money directly to a creditor instead of the debtor, to satisfy a judgment debt, effectively freezing funds in a bank account or diverting income until the debt is paid. It's a powerful tool for debt collection, allowing creditors to seize funds a debtor might not even know they have, like a bank balance or future earnings.

How it Works

Judgment Obtained: A creditor first needs a court judgment (e.g., a County Court Judgment or CCJ) against a debtor for unpaid money.

Application: The creditor applies to the court, proving the debtor owes them money and that a third party holds funds belonging to the debtor.

Order Issued: The court issues an "order to show cause," served on the third party (the "garnishee").

Funds Frozen: The garnishee (e.g., a bank) freezes the debtor's funds or future payments.

Payment to Creditor: The third party then pays the money directly to the creditor instead of the debtor, up to the amount of the debt.

Common Targets

Banks: Freezing current or savings accounts.
Employers: Taking a portion of wages.
Other Individuals/Companies: Money owed to the debtor from other sources, like property sales or other debts.

Key Points

Surprise Tactic: Often takes debtors by surprise as their money is frozen before they know an order exists.
Enforcement: A key method for enforcing judgments when other methods fail.
Debtor Protection: There are legal protections, and debtors can apply to have the order set aside or modified, or dispute the debt.
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Re: Small claims court, what happens next?

Post by crust »

According to google the county court waiting list for small claims is around a year.

Patience young padawan.
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Re: Small claims court, what happens next?

Post by Cousin Jack »

Reliable and quick method (and highly illegal too) is to go around to their place with half a dozen large mates and get violent.

Seriously, successful scammers will run rings around legal stuff. OK you can get CCJs but that isn't money. Even complex (and expensive) stuff like High Court actions and High Court Bailiffs can fail, and can cost you a lot of money.

Serious pain with the promise of a lot more of the same is reliable but very very illegal. Get caught and you will do time in jail.
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Re: Small claims court, what happens next?

Post by ZRX61 »

You can buy cattle prods on Amazon for about $20..... just sayin'.
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Re: Small claims court, what happens next?

Post by Taipan »

I can put you in touch with Georgiy and Bogdan. They run a tasty little debt collection firm out of Southend and those Russians don't fook about! :silent:
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Re: Small claims court, what happens next?

Post by Mussels »

Buckaroo wrote: Thu Dec 18, 2025 2:10 pm If they own a property (outright or mortgage) put a charge against the property and wait for them to sell or move.

My brother had this done to him by a crooked accountant. He couldn't sell and took it to court, won his case and was awarded his costs. The money isn't forth coming, so he did the same to the accountant. Revenge will be served and he will get his costs back.
My ex's solicitor put a charge on the jointly owned marital home, I was amazed someone can just do it without the homeowner knowing. I found out when the remortgage was blocked so she couldn't get paid. :eh:

I had HMRC block my bank account before because my incompetent accountant hadn't filed and my company was liquidated (again without warning me), that sure is a big wake up call but I expect any shady outfit would be ready for it.
A shady outfit is probably ready for most of the options.
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Re: Small claims court, what happens next?

Post by Cousin Jack »

Mussels wrote: Sun Dec 21, 2025 8:26 pm
A shady outfit is probably ready for most of the options.
That is the problem with shady outfits. All the legal stuff works with people like us, crooks have bank accounts in other names, property ditto.
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