Which court to send N323

[DavidWH]

I'm trying to submit an N323 form to enforce a judgment we have.

I've submitted the form to the local court, where the defendant lives, and they've returned it.

The judgment was awarded in another court, whose bailiffs don't cover the area they reside in.

Do I sent it to the local court to the defendant, or send it to the court who issued the judgment for enforcement?

 

[Big G]

Hi David,

Did you not issue the claim online? If so then you can make the application/request online and the court will deal with it accordingly. If not then I believe that the form needs to be submitted to the court that issued the Judgment and they will then transfer the file to the correct Court for enforcement.

I am assuming the judgment amount is below £600.00? If it is above then we can enforce using our High Court Enforcement Officers.

Best Regards
Nick

 

[DavidWH]

Correct it's not a MCOL case.

Tried HCEO's but found they were a waste of time. I'm going for the cheaper option just to annoy the debtor more than anything

 

[Big G]

If you really want to annoy the debtor then apply for an order for them to attend court for questioning. Really annoying for them as they are ordered to attend with proof of all income & expenditure. If they ignore the Court then a Warrant will be raised for their arrest & imprisonment for up to 14 days as a punishment too.

 

[DavidWH]

From what I've experienced of the judicial system, I don't hold much hope of them issuing a warrant for their arrest

 

[Big G]

I've had a lot of them issued and enforced over the years.

 

[DavidWH]

hmmm there's an idea... now which form and court do I send it too?

 

[soulboy]

Reviving this thread as I have the same question.

@DavidWH could you tell me where you sent the N323 in the end? The CCJ I've filed as the claimant has the county court named as 'online civil money claims'

 

[DavidWH]

Reviving this thread as I have the same question.

@DavidWH could you tell me where you sent the N323 in the end? The CCJ I've filed as the claimant has the county court named as 'online civil money claims'

I sent the N323 as the defendant had admitted guilt it in their defence, so there was no realistic chance of them defending, so applied for a summary judgment.

The judge accepted that, and agreed - Had the defendant turned up it would have been done and dusted there and then, but alas they didn't so we won regardless.

 

[soulboy]

OK cheers - which court did you sent the N323 to in the end? I see from your OP you had problems sending it to court where the defendant lived?

I have the same problem here, the court that issued the CCJ was the 'online civil money claims' county court - though I'm worried if I post the 323 there they can't enforce as defendant lives elsewhere.