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Original poster

Order for costs

5 replies

bustrainwalkwalk · 20/09/2014 13:30

The other party has been ordered to pay my costs of X amount by X date. The Order was made last week and received today- he's already told me he won't be paying a penny.

It's not a huge sum (just under £1000) and he works so has a reasonable income, he also has a car. What do I do if (when) he doesn't pay- do I apply back to Court and if so will he pay my costs for doing so?

Thank you

OP posts:
prh47bridge · 21/09/2014 06:11

Yes you will have to return to court to get the order enforced. Yes he will have to pay your costs for doing so.

Original poster
bustrainwalkwalk · 21/09/2014 10:05

Thank you.

OP posts:
Greengrow · 21/09/2014 12:16

It would be worth writing to him saying if it is not paid he will have to pay substantially more. Was the costs part part of another order eg you won £XX for breach of contract plus your legal costs?

Original poster
bustrainwalkwalk · 21/09/2014 12:50

Thanks Greengrow. No he doesn't have to pay me any money other than my costs. The original Order I applied to Court for was for something else not him paying me money. He's been Ordered to pay my costs because he delayed and obstructed the process and won't abide by the original Order...

I was considering writing to him stating I am happy to accept payment via cheque or bank transfer as I bet he will claim he didn't pay as he didn't know how to.

OP posts:
Icimoi · 21/09/2014 16:51

You enforce the order by applying for a warrant of execution which entitles a bailiff to seize goods to the value of the order; or by applying for attachment of earnings, which is an order to his employer to deduct the sum in question from his wages in instalments and pay it over; or by applying for a charging order if he owns his house, which works a bit like a mortgage - you register it against his property, if he doesn't pay you can apply for a possession order which entitles you to take possession of the property, sell it, deduct what is owed plus the extra costs which will have accrued, and pay him what is left. In all of these cases you are entitled to claim from him the extra costs you will incur by way of further court fees etc.

But I expect he'll pay up once he realises that the more he pratts about, the more expensive it will get for him.

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