wrote in message
news:2fd20eec-792c-40b9-b4fa-703c38d4aeff@x35g2000hsb.googlegroups.com...
On 7 May, 07:54, Mike_B wrote:
>
> IMO f you have had your judgement, the defendant has refused to pay and
> hasn't made an application to court then it is time to decide whether or
> not you want your money back. If so, move to enforcement. As for
> interest, it depends on the amount of the judgement. If less than £5000
> then no further interest is payable on the judgement after it is issued.
OK, but if I attempt to enforce the judgement now, 3 weeks after
judgement, this will remind her to apply to have the judgement set
aside and she will most likely be successful because of the
flexibility of the CPR in this area. If I wait 6 months, are they less
likely to be so flexible given the time elapsed?
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I am aware of judgements being set aside 2 years after the initial
judgement. I am aware of at least one business that applied 9 months after
judgement to be allowed to pay by installments - in spite that businesses
are not entitled to such a concession. The court allowed the application to
be heard, though rejected the application. It was a stalling tactic giving
the business time to transfer the assets to another company leaving the debt
with the original, and now defunct company.
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