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Garnishee Order Part 72

Garnishee Order Part 72

Postby SPQR49 » Fri Jan 05, 2018 10:13 pm

Hi All

So a former employee owes me a couple of grand. Despite letters asking for payment and advising of our intention to recover the debt, it`s all been ignored. Call them X.

I have Xs new employer and X`s bank account details (assuming X has not changed account).

Obtaining CCJ will be easy enough: there is no defence. But once obtained I am minded to go after the debt through X`s new employers pursuant to CPR 72.6 (4).

I have a query over the meaning of CPR 72.11. The wording is a little unclear.

72.11
If the judgment creditor is awarded costs on an application for an order under rule 72.2 or 72.10 –
(a) he shall, unless the court otherwise directs, retain those costs out of the money recovered by him under the order; and
(b) the costs shall be deemed to be paid first out of the money he recovers, in priority to the judgment debt.

I don`t understand what retain those costs means. Assume the debt is £2,000 and it costs me £500 to bring the application. I am presuming the £500 is recoverable or does "retain" mean absorb - i.e. I have to suck it? That seems inequitable if so. Para (b) seems to be leaning the other way so that if Xs employer pays me £2,000 I can then ask for a further £500..?

As always, guidance much appreciated.

P&L.
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Re: Garnishee Order Part 72

Postby atticus » Fri Jan 05, 2018 11:00 pm

Nope. Retain means keep. It means you can keep enough of the money you get by that means also to cover the costs.
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Re: Garnishee Order Part 72

Postby Smouldering Stoat » Fri Jan 05, 2018 11:51 pm

If you want payment to be made from your former employee's wages, then surely you want an Attachment of Earnings Order under CPR Part 89?

If I may say so, however, you are getting the cart before the horse. You are not the first person to tell us that getting a CCJ will be easy because there is no defence, and you would not be the first to come back faced with a defence you had not anticipated. And, you would also not be the first to think "yes, but in my case..."
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Re: Garnishee Order Part 72

Postby SPQR49 » Sun Jan 07, 2018 9:30 am

atticus wrote:Nope. Retain means keep. It means you can keep enough of the money you get by that means also to cover the costs.


What "means"? By the garnishee? I`m still confused!

If the debt is 2K and the total costs are 1k can I add the 1K to the debt and claim that as well - as supplemental to (but an inevitable associated cost of) the debt? I think all I am asking is can I get the debtor to pay for my costs incurred?

Thanks
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Re: Garnishee Order Part 72

Postby atticus » Sun Jan 07, 2018 10:09 am

By means of the procedure you want to instigate.

Garnishee orders are orders for a debto of the judgment debtor to pay the debt to the judgment creditor.
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