Sunday, October 11, 2009

How long do you have to collect bad debt?

I had a tenant who left owing money, I got a court order for them to pay but they claimed no assets and at the time had no "proven" income. Can I wait a few years until they get some assets and then go back to claim the debt?

How long do you have to collect bad debt?
The longer you leave a county court judgment on file and unattended the staler the claim becomes. After a period of six years has elapsed and if the debtor has not acknowledged the debt in that time the debt becomes time or statute barred. If you as the creditor reinvigorate the judgement before the limit has expired a further 6 years can be added to the limit but only if you have a good reason for not enforcing the debt within the first 6 year period. A fresh application to the court would be neccessary and a fee would be required. You could rejoice in the knowledge that the debtors credit reference would suffer an adverse effect, a previous answerer has already broached that subject though.Ask yourself would the amount owed to you be worth the aggravation. Unless you see the matter as a challenge or a matter of principal it might be better to let the matter drop possibly.
Reply:Make sure the judgement gets recorded and it will show up on their credit report. Having a charge off or judgement on their credit will greatly hinder their ability to do anything significant in the future credit-wise. At some point, like when they want to buy a house, they might want to make good on that judgement so they can get financing.
Reply:it depends on what kind of debt, ( bad check, unpaid bill, etc...) and where you are from.....
Reply:Get an instalments order on him for a penny a week or something. Keep track of him and when his circumstances change apply for a variation upwards. He'll be tied to you forever that way.
Reply:six years

floral shops

No comments:

Post a Comment