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Appeal small claim judgment

Parties could appeal small claim judgment just in case if:

  • have evidences that CCJ is wrong
  • small claim process wasn’t followed properly

Parties couldn’t appeal based only on their thought or feeling. There must be solid evidence and fact here.

It is necessary to get permission to appeal to appeal a small claim judgment.

Attachment of earnings

Attachment of earnings is the type of execution order that allow bailiff to collect a debt out of the salary. Outside UK this type of order is known as a wage garnishment.

Court may issue the attachment of earning if debtor is employed individual, who doesn’t work at army, air force, navy and merchant navy service(merchant seaman).

Before applying for attachment of earning creditor should figure out whether debtor is employed, where he or she works and salary.

Charging order

Charging order is the one of the form enforcing court order which let to make judgment debtors to give money back.  Under the charging order court “freeze” procedure of selling or realizing debtors property. Depends on what debtor owns court may issue charge order on a house, shares, assets and money.

Charging order on property doesn’t enforce a debtors to sell it. But in case of selling house, judgment creditor will get his money back first. If property had another charges such as mortgage before enforcing court order, the it payment will be done in the first place.

Discontinuing a small claim

Claimant may stop small claim case at any moment and by any reason. Procedure of stopping claim called is discontinuance. Claimant has obligation to discontinue claim and notify court even if small claim was settled.

Fisrt of all if small claim was started online via MCOL, claimant may choose option “update claim status” and chose to stop claim. Next he need to file Notice of Discontinuance to the court and serve the copy of this letter to the defendant.