Acknowledgements/MJOsgreenspun.com : LUSENET : Repossession : One Thread
This is some info I have received from someone in NACAB recently,which you may find useful:
The general principle on limitations is that once you acknowledge the debt, the clock starts running again. The same time limits apply - so in line with the judgment, it will be 12 years for the capital and 6 years for the interest. However where a money judgment has been made, either at the possession hearing or subsequently, in a Court of Appeal decision a couple of years ago, the court held that the judgment could be enforced indefinitely, although they would need permission of the court to issue a warrant of execution/writ of fifa (ie sending round the bailiffs) once 6 years had passed.
I don't know how the judgment affects recovery of MIG payouts as I have not seen the transcript of the judgment yet. I think one of my colleagues has got a copy from which he is writing an article. I will see the article shortly, so I'lllet you know then.
When I get any more info on this I'll post it up.
-- M Amos (firstname.lastname@example.org), August 16, 2002
Thanks for this posting, could you take a look at the 'MORTGAGE EXPRESS' posting below yours. You now have me worried as a MJO was obtained by Mortgage Express at the time of our repossession in January 2000. A judge, at Mold County Court, passed a message through to me to say that ME must take this back to Court before enforcing the MJO! What you are saying seems to conflict ewith the Judge's advice. Comments would be welcome please.
Many thanks and keep up the good work of this site.
-- Mike (email@example.com), August 16, 2002.
What Mark posted is correct.
The case of Lowesy v Forbes (CA (and afirmed by the HL, I think) clearly stated that once a money judgment has been obtained, LA '80 does not apply to the enforcement of that judgment unless further "action" is taken. Further "action" means taking further proceedings - e.g. issuing a bankruptcy petition.
The only restrictions on enforcement are in the Civil Procedure rules (CPR)and, as Mark says, only relate to execution against goods (i.e. the Cty Ct bailiff or High Ct sherrif)where the judgment is more than 6 years old. Where the judgment is more than 6 years old, leave of the ct must be obtained before execution against goods can procede.
However, a ct can make a judgment subject to whatever terms and conditions it choses - and in your case it may have ordered that there be no enforcement of the judgment without leave of the court. T
If this is what happened, it would explain the judge's comments that ME would have to go back to court before enforcing the judgment.
Do you have a copy of the money judgment? This might help.
All the best
-- Guy Skipwith (firstname.lastname@example.org), August 19, 2002.
Thanks for your comments. I have looked at my MJO and there are no 'conditions' on it at all. It just states that our home was to be repossessed, vacated by us and the amount of the mortgage sum outstanding. It therefore seems that Mortgage Express can enforce collection of the alleged (unproven) shortfall as soon as we have attended the Court for questioning over our assets and income. This leaves us very worried as we had imagined that ME would have toi go back to the Court before any enforcement. Suggestions on where to go from here would be welcome - we only have until next monday to sort this one out.
many thanks, Mike.
-- Mike (email@example.com), August 19, 2002.