ChatterBank2 mins ago
can't pay legal costs - what happens?
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i entered into a dispute with my uni 3 years ago and although i filed the claim, i want to pull out before it goes to court as i haven't found legal representation. i think they will be after me to pay their costs - which are over 22,00 - i'm a penniless guitarist in a band now and live at home with my parents and have no assets. what happens if i can't pay the costs? i've been told they might push for me to go bankrupt but what difference does that make to them if i have no assets or savings? arghhghghgh
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You say "22,00" What is this? Is it �22,000 - which seems a tremendous amount.
If you don't pull out you have to represent yourself at Court - very difficult if it is at all complex - & could end up with the decision going against you and a higher award for costs than their present figure. If you win, obviously you would be OK unless they appeal.
If you pull out, or if you lose in Court, you will be liable for their costs. If you don't pay - or come to some arrangement acceptable to them to pay by instalments over a period - they can take enforcement action. This could include making you bankrupt but, if you have no assets and no money then you would not have to pay them anything unless you were deemed to have income surplus to your essential expenditure. If that was the case, & the surplus was �100 per month or more, you would have to make payments for a maximum of 3 years and the rest of the debt would be wiped out. If you have no surplus (or less than �100) you would not have to pay anything.
It would cost them more than �1000 to make you bankrupt so, if they know your circumstances are such that you wouldn't have to pay anything back, they are unlikely to do it. However, the debt could then be hanging over your head for many years to come with the possibility of demands for payment when your finances are much improved. If they don't bankrupt you & you want to make sure the issue doesn't come back to worry you later on you could make yourself bankrupt for �485.
If you don't pull out you have to represent yourself at Court - very difficult if it is at all complex - & could end up with the decision going against you and a higher award for costs than their present figure. If you win, obviously you would be OK unless they appeal.
If you pull out, or if you lose in Court, you will be liable for their costs. If you don't pay - or come to some arrangement acceptable to them to pay by instalments over a period - they can take enforcement action. This could include making you bankrupt but, if you have no assets and no money then you would not have to pay them anything unless you were deemed to have income surplus to your essential expenditure. If that was the case, & the surplus was �100 per month or more, you would have to make payments for a maximum of 3 years and the rest of the debt would be wiped out. If you have no surplus (or less than �100) you would not have to pay anything.
It would cost them more than �1000 to make you bankrupt so, if they know your circumstances are such that you wouldn't have to pay anything back, they are unlikely to do it. However, the debt could then be hanging over your head for many years to come with the possibility of demands for payment when your finances are much improved. If they don't bankrupt you & you want to make sure the issue doesn't come back to worry you later on you could make yourself bankrupt for �485.
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