Has anyone been taken to court years after repo? what happens then?greenspun.com : LUSENET : Repossession : One Thread
having been issued with a claim from halifax via the county court and then us issuing a defence ( 7years plus since repo although paid a small sum a month up until Jan 96, yes i know stupid me) Addleshaw booth have now allowed us ( how considerate of them !) a month to settle out of court before they carry on with court action,I have just SARN'ed the Halifax and Addleshaws so think i have done everything correctly... Big question is has anyone been taken to court and lost and what happened next, do they bankrupt you ? do they put attatchment of earnings on you ?
any advice greatfully received
thanks x amanda x
-- amanda barton (email@example.com), June 05, 2002
If you lose and if you are a PAYE employee then an attachment of earnings is usually chosen by mainstream lenders. Specialist lenders also prefer attachment of earnings orders but some will go for bankruptcy. We have never understood why this is.
At this stage of the game - ie, when a claim has been entered - you should be issuing requests for disclosure. See the Repossession on the right section for more details. It's good that you issued a SARN, but once you have a claim against you, you can - and therefore should - use disclosure.
You will probably need a little paid legal help with disclosure.
-- Lee (firstname.lastname@example.org), June 05, 2002.