What if I win my case but opponent will not pay ?
If you win your case "Judgment" will be made in your favour. If your opponent does not pay then you will have to enforce your Judgment. There are various ways you can enforce Judgment.
For example, if your opponent owns a property you can apply to the court to "Register a Charge" against that property and then seek an Order that the property should be sold and you will get your money from the proceeds.
If your opponent is working you can ask for an "Attachment of Earnings Order". This is where your opponent's employers must deduct a weekly or monthly amount from your opponent's wages to pay to you.
Alternatively, you could ask for an Order that the "Court Bailiffs" go to your opponent's home or business to seize and sell your opponent's goods, so that you can be paid. (This is called a Warrant of Execution in the County Court and a Writ of Fi Fa in the High Court).
If a "3rd Party" actually owes your opponent money or is holding money for your opponent, (for example a Bank or Building Society) you can get an Order that this 3rd Party pay the money direct to you (Attachment of Debt Order). See enforcement of a small claim judgment.
Questions & Answers
- What is a Small Claims Court?
- How much is a Small Claim?
- Will I need to be represented by a solicitor?
- Can someone else represent me in the Small Claims Court, other than a solicitor?
- Where do I find a Small Claims Court?
- Can I get Legal Aid?
- What sort of Claims can I bring in the Small Claims Court?
- Who will hear my case?
- How will I know how to prepare for my case?
- What if I win my case but my opponent will not pay?
- What if I don't want my claim to be heard by the Small Claims Court?