Adding failed Warrant fees to Judgment amount

[MEC1]

Hi

I have had a Warrant recently returned as failed from the County Court. I have been advised that I can now apply to the County Court on an N244 to add the Warrant fee to the Judgment amount. This would make it over £600 allowing me to refer the case to the High Court.

Has anyone had any experience of doing this please and if so any advice on the appropriate N244 working would be appreciated.

Many thanks in advance.

 

[Bob Morgan]

No doubt someone will be along soon in order to describe the process. However, you have to keep an eye on the 'Bigger Picture!' The sum of £600 can appear to be a large amount to a small business - However, £600 will only get you around 4 Hours talking to the 'Office Boy' at most firms of Solicitors! Then, there are Court Fees, and HC Bailiff Fees. AND, more importantly, your own time when you are not moving forward! - The latter should be the 'Warning Light' that is flashing at the moment, and NOT recovering £600! NEVER become preoccupied with pursuing Small Debts, to the detriment of your business!

More than likely, you will NOT work for this Person/Company again, and you have at least achieved a 'Success' in being awarded Judgement! - That in itself will cause some 'Irritation' for them in the future.

Unfortunately, there are times when you just have to 'Walk Away!' For the future, do your Due Diligence on your Customers/Clients - Those without an established Credit History or Track Record should be regarded as 'Cash in Advance!' - Should they refuse to comply then they are NOT the Customers/Clients that you want! Instituting that Policy will prove to be an 'Investment' and will more than recover your £600!

 

[MEC1]

Thanks for your response Bob.

I appreciate what you say, however I have a firm that I use for HC enforcement where all fees are added to the total owed by the Defendant and it has always worked out very successfully with minimal time needed by myself.

I am merely seeking advice on the N244 issue raised and advice on any appropriate wording.

Thanks.

 

[Big G]

Hi Mec,

An N244 is a general application form. What application are you actually intending to make? If its an application to add a Warrant Fee as you have stated above then I have not heard of this before but it will cost you an application fee of at least £100 to make this application so you need to consider this.

If you are applying for the Warrant to be renewed then you can do this on form N446 and there is now cost. However, it will depend on the reasons why the Warrant was returned as failed in the first instance. If it was because the Defendant was no longer at the address then you need to trace a new address then reissue using N446, for example.

What do you know about the debtor? If its an individual do they work? If so then it may be worth using the application fee to apply for an attachment of earnings or third party debt order if you know who they bank with.

Personally, if the debt is currently under £600 I would not advise that you use another £100.00 to apply to add £77.00 to the debt to bring it to over £600.00 so you can use High Court Enforcement Officers. I would consider the other enforcement options first.

I have also not heard of anyone making an application to add a Warrant Fee to a Judgment balance. But, ultimately, you can apply to the Court for whatever you want on a case I suppose. You might run the risk of losing the application fee of £100.00 if the Court decline it.

 

[JEREMY HAWKE]

If the debtor does not have the means , assets or money to pay then what would you gain by taking it to the high court
You can call something what ever you want the best judge and the best bailiff can be involved but if the funds wont be recovered then what is the point