11 year old scratched my car

[Sofiasalah]

Hi

I need some help understanding a civil court judgment I have won my civil court judgment by default now I have to pick the next stage to enforce the judgement but I keep getting conflicting information I would appreciate any help you can provide.

A brief description of the case: 11 year old scratched my car wasn't arrested but was given a community resolution order admitted what she did so then I approached the parent for the payment she then refused to pay hence why I took her to court now she's ignoring the court and myself all attempts to get her to pay have been unsuccessful currently the invoice and the court fees are adding up to £400. She's a single mum on benefits extremely aggressive and threatening this happened in November 2023 she has had more then 6 months to pay but I haven't seen a penny I'm out of pocket now. If someone's on benefits will they still have to pay for the criminal damage?

This whole situation has been so stressful it's caused me stress and mental health issues she's now harassing me and heckling me I have really bad anxiety due to all this she has put me through.

Any information will be very much appreciated or any direction you could give me on whom I could speak to.

Have I misunderstood? This is an ELEVEN year old child you are pursuing through the courts the the child is also a single mum? At 11?

The mother of the 11 year old is a single mum.

To be honest, your not likely to get anything back off her unless you apply for a county court judgment which will cost you money. Then they will probably take £1 a week from her benefits to pay for it. Can you claim on your car insurance to pay for it if you can't afford to? I know it's frustrating,but if it's been going on since Nov 23 your better off just letting it go now.

I mean that's very obvious!
It must have been badly damaged, and done so on purpose rather than accidentally to warrant going to court etc.... for damages.

About time parents were made accountable surely? Good for you op.

Doesn't sound like it's working out that way.

Yes if there's financial hardship then they can agree repayment at a tiny amount - pp is probably correct at it being £1 per week and unlikely much will come of it if she defaults. I don't know if DWP will deduct from UC for a CCJ.

From a money point of view your car insurance is the best bet unless your cover is third party only.

Send the debt collectors in. I mean, if my 11yo damaged a car I’d be mortified. I’d pay for the damage. This parent is the rot at the top who doesn’t take responsibility for their kids behaviour or their own.

Don't believe you even take an 11 year old to court over a scratched car. Is there some huge backstory here?

@nightmaries please read the OP’s post properly. It’s not even long.

The OP has taken the mother of the 11 year old to court.

This is the second post saying that someone has taken an 11 year old to court because people can’t read the OP properly.

You can't get blood out of a stone. If they haven't got any money then neither will you. You may have thrown good money after bad by pursuing it.

And need to stop posting on legal. It’s not aibu. I’ll bugger off now.

i imagine she’ll end up paying it over a very long period of time

I’m not sure where you are OP and don’t want to give a huge reply if it won’t apply to where to are. I’m in Scotland and things work differently to England for repayment of a debt.

The risk with this is that you could end up being out of pocket as if the mum claims she cannot afford to pay, a payment plan can be set up for something ridiculous like a pound a week.

If I was you and I had the headspace and money to continue with the case, I would to prove a point, the mum shouldnt get away with being so vile and needs to take responsibility, however if it is costing you money that you cant afford and having a negative impact on your mental health, you have to ask yourself if its worth it when its probably unlikely you will see a lump sum to cover the costs.

Could you not have just claimed on your car insurance?

Why should the OP's premiums go up to pay for this yob?

The system is a joke, it should be easy to just take it out of her benefits.

It’s unlikely you’ll see a penny without shelling out yet more money with a result of £1 a week in repayment which she even then may not pay.
It’s a sunk cost fallacy. I’d just let it go if I were you

@Nocturna Why should the OP's premiums go up to pay for this yob?

Either way the OP has to pay. She won't see a penny from the 11yo or her parent.

The word 'parent' doing some heavy lifting there, but unfortunately that's true

That's exactly why there is no point obtaining judgment against somebody who doesn't have the funds to satisfy it.
I think you've wasted your time and incurred court fees you won't get back.

Best you could do is get the court to force her to provide her financial information but, assuming she doesn't work or own her property, you're on a hiding to nothing:

www.gov.uk/government/publications/what-to-do-if-a-defendant-doesnt-pay-money-after-judgment-ex321/what-to-do-if-you-have-a-judgement-but-the-defendant-has-not-paid-ex321