ChatterBank7 mins ago
How much can a solicitor charge to put a charge on my property if I can no longer afford to pay the fees?
6 Answers
I believe that I cannot get legal aid but cannot afford rising legal costs. The other party is receiving legal aid andI am the injured party. I don't expect to get any of the costs paid by the other party due to their financial situation.
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For more on marking an answer as the "Best Answer", please visit our FAQ.It looks as if you will be liable for your own legal costs even if you win. If you lose you could possibly also be liable for the other party's legal costs. Both of these decisions depend on the judge hearing the case.
If you cannot afford to pay the costs your solicitor can go to Court to get a County Court Judgement against you. If he applies for this you must fill in the statement of means form that comes with the application, & make an offer to pay by instalments which is realistic in relation to your income & essential expenditure. The Court will then make a judgement & hopefully you will be ordered to pay the amount you have offered.
If you then do so regularly on time each month without fail the solicitor can take no further action. If you ever fail to pay - or are late paying, even by one day - the solicitor can return to Court to get a Charging Order on your property. If this happens you must attend the hearing at which the order will be made final & try to get the Charging Order to include a condition that no Order for Sale will be granted unless you fail to make the monthly instalment payments the Court orders.
Provided you then keep up the payments the Court will not grant an Order for Sale.
If you cannot afford to pay the costs your solicitor can go to Court to get a County Court Judgement against you. If he applies for this you must fill in the statement of means form that comes with the application, & make an offer to pay by instalments which is realistic in relation to your income & essential expenditure. The Court will then make a judgement & hopefully you will be ordered to pay the amount you have offered.
If you then do so regularly on time each month without fail the solicitor can take no further action. If you ever fail to pay - or are late paying, even by one day - the solicitor can return to Court to get a Charging Order on your property. If this happens you must attend the hearing at which the order will be made final & try to get the Charging Order to include a condition that no Order for Sale will be granted unless you fail to make the monthly instalment payments the Court orders.
Provided you then keep up the payments the Court will not grant an Order for Sale.
"I don't expect to get any of the costs paid by the other party due to their financial situation"
If this is the case then you have no realistic expectation of receiving any damages awarded, so why are you suing in the first place? Harsh, I know, but if there is no realistic prospect of receiving financial compensation then just cut your losses. I'm surprised your solicitor hasn't advised you accordingly, but then I'm not in possession of the facts.
If this is the case then you have no realistic expectation of receiving any damages awarded, so why are you suing in the first place? Harsh, I know, but if there is no realistic prospect of receiving financial compensation then just cut your losses. I'm surprised your solicitor hasn't advised you accordingly, but then I'm not in possession of the facts.
Thank you for your advice. I will discuss further with my solicitor. I will make an application for legal aid and hopefully will achieve some assistance. I don't want a charge on my property and would rather sell to raise the money to complete my cases. It is just concerning that I could be faced with such large debt as a result of fighting 2 cases where I am the innocent party...Seems very unfair indeed.
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