attachment of earnings

[kate2947]

if you win a court case and can claim your costs back from the other side, what happens if the other side refuse to pay or plead poverty but are in full time work (probation service) can you apply for an attachment of earnings, and if so how do you apply for this. thanks

[NORMANTHEDOG]

if you win a court case,costs are decdided by the judge at the time of the case,if no costs were awarded,then i suppose you can apply to the court,but your solicitor should have done it on the day.

[kate2947]

thanks normanthedog, my friend did win the case (tribunal) and the adjudicator said she has 2 weeks to apply for costs, but the claimant is saying that he has no money and so will not be able to pay her.

[hammerman]

I would imagine it would depend on whether this was a criminal or civil matter.

I was under the impression that if a judge awards any money or costs in a criminal case, the defendant has to pay it.....although it may only be �1 a week if he hasn't got the money.

In a civil case such as small claims court, the judge can make the descision and award the money but it is then your responsibility to collect the money...either via debt collections, attachment of earnings or a large piece of 4 x 2

I might be wrong though.