Court proceedings,what happens and when?greenspun.com : LUSENET : Repossession : One Thread
Just received a letter informing me,that due to my "unhelpful" attitude,regarding the shortfall claim against me,and my "continued refusal" to respond to I & E forms,I will have to attend court. No dates as yet,but looking at some Q & A's,am I right in thinking that there is likely to be more than one court hearing? What (briefly) happens during the first hearing,and what points can be made at the time? Thanks for all the previous help received. Glen
-- glen (email@example.com), October 12, 2002
Glen, Look at 'INFORMATION ON POSSESSION & MONEY JUDGEMENT ORDERS' some distance down the postings. We have been in a battle with B & B for some time. It would appear that they can only request the Court to look into your finances IF there is a MJO.
I hope this helps.
-- Mike (firstname.lastname@example.org), October 12, 2002.
If your lender didn't get a money judgement order at the time your home was repo'd, then they'll have to issue a claim and get one. I suspect that this is just hot air from the lender and their solicitor in a feint hope that you might panic and start talking. If the lender issues a summons against you, then just ask the same questions as before etc. If you defend the claim, then there would a court hearing and if you lost, then the lender could ask for an 'oral examination'. This is where you attend court with proof of your outgoings and income and answer the questions the court usher puts to you. Thats from an 'official' set of questions, but the lender can supply their own list.
Try and avoid getting to this stage, I have seen questionnaires from creditors asking about such things as possible inheritances and how much they will be!!
Hope this helps Pendle
-- pendle (email@example.com), October 13, 2002.