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Breach of Court Order / Penal Notice

(13 Posts)
dazedandconfusedagain Sat 03-Jan-15 11:01:09

A Judge recently reissued an amended version of the Court Order as she decided a that a penal notice must added to it as my ex has refused to comply with the order so far. Se told me to apply back for committal if he still didn't comply.

He hasn't complied. What do I do now? What Court form that I must use? What is the procedure? Thanks for any advice.

STIDW Sat 03-Jan-15 14:23:12

What kind of order?

dazedandconfusedagain Sat 03-Jan-15 19:23:40

Hi. It's actually just a Court Order for costs. He "lost" against me at civil Court and dragged things out unnecessarily and so after the final hearing the Judge made a coats order that he pay my legal fees. Pay X by X date. That was months ago. I have instructed Bailiffs to try and recover the debt but the Judge at the time said I should absolutely also apply back to Court if he still refuses to comply as she wants him held in contempt of Court (he was rather rude to her).

FlowerFairy2014 Mon 05-Jan-15 15:09:23

I am not sure of the form. For most court applications you use an "application notice" and set out on there what court order you want - eg order he is contempt of court for breaching the order and attach to the form the order and also a witness statement from you setting out what he's not done that he should. That would be my guess - and probably you hvae to pay a court application notice fee. You probably will then be given a hearing date for a short hearing on this issue and he should attend that.

dazedandconfusedagain Mon 05-Jan-15 16:06:42

Thank you flower. The forms I've been using to date is N244 which is a general form of application for an order. I was wondering if there was a specific one for reporting back that the defendant had not complied and making the court aware this is despite a penal notice already having been added.

Collaborate Mon 05-Jan-15 18:17:03

Using the bailiffs is probably your best bet. You could also apply for a 3rd party debt order if you know that he has money in a bank account to cover it, or get a charging order over property owned by him (this tends though to only get you your money when he sells the property).
If the bailiffs take possession of his car I think you'll find he'll pay up quite quickly.
The other method of enforcement is applying for a judgment summons. You must be able to prove ability to pay (and this implies wilful disobedience of the costs order), and a successful application would see him given a short prison term if he doesn't comply, but this is by far the most expensive application, and it's not always easy to prove ability to pay.

babybarrister Mon 05-Jan-15 18:58:49

Message withdrawn at poster's request.

MooseBeTimeForSnow Mon 05-Jan-15 19:13:25

Go to the Court Office and speak to the staff. They can't give you advice but can give you the right forms.

dazedandconfusedagain Tue 06-Jan-15 00:11:39

Thanks, yes Bailiffs for the money he owes me seems like the best option!

As of today he is now in breach of another order that orders him to vacate the property and give me possession (joint owners). Bailiffs have a long wait time for eviction in this area. The Court Order has a penal notice attached.. Does anyone know if I applied to Court for committal de to his blatant refusal to comply with leaving would the Judge be likely to say order 2 weeks imprisonment suspended if he vacates as per the Order in 48 hrs... Thinking this may be a quicker and cheaper route than eviction and locksmiths...

MooseBeTimeForSnow Tue 06-Jan-15 05:37:07

The Judge has the power to do that I believe.

Do you own the house? Is it going to be sold? If it is, it might be worth making an application at the same time for you to have sole conduct of the sale and for the Judge to sign paperwork on his behalf. The latter also useful if the property is being transferred to you.

MooseBeTimeForSnow Tue 06-Jan-15 05:38:31

Oh, and for an order that the costs he owes you to be deducted from any proceeds of sale or lump sum payment he may receive.

FlowerFairy2014 Tue 06-Jan-15 08:53:01

dazed, yes the judge can even order someone present in court to be committed to prison immediately I think so it might be fast.

I think you had said on another thread the judge had said the order could also include the right for the judge to sign papers to sell the property too and any outstanding payments to be deducted from the sum recovered from sale of house.

I think will just be the same application notice form. I think I have never applied for anything except an injunction without using that one form. You will want the court to fix an urgent appointment for the hearing.

Most people don't want to go to prison so it can be a useful method.

dazedandconfusedagain Tue 06-Jan-15 19:02:30

Thanks Moose. Yep it's being sold, against his wishes. I've already been back to Court and got sole conduct as I wasn't able to move the sale on with the first Order as it stated joint conduct of the sale. smile

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