DMBM668690 - Enforcement action: county court proceedings: fees, costs and charges: irrecoverable fees
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The following table lists the circumstances in which you should treat fees as irrecoverable
Circumstances |
Action to take |
---|---|
Claim not served within the time limit and you start a fresh action |
Write off the fees of the original claim |
Judgment is set aside because the claim was not received |
Write off all fees except the claim fee |
You learn that the debtor is insolvent before entry of judgment |
Write off all fees |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
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You learn that the debtor is insolvent after the entry of judgment |
Write off any fees not awarded by the court (see INS2303) |
Order to obtain information not served because the debtor has moved outside the district of the court |
Write off the fee for applying for order |
You request a search at the Land Registry for a charge registered under the Agricultural Credits Act 1928 |
Write off the fee for the official certificate |
The warrant becomes out of date |
Write off the fee for the warrant |
You learn of the debtor's insolvency after a warrant of execution has been Issued |
Write off any fees not awarded by the court |
You accept a claim of non-indebtedness from a third party |
Write off the fees of the third party debt order |
Notice of application for an AEO is returned undelivered where the debtor lives outside the district of the court AND the court will not refund the fee |
Write off the fee for the AEO |
AEO is discharged because the person is not the debtor's employer |
Write off the fee for original application |
Judgment summons or successive JS is not served within the time limit AND you apply for a fresh JS |
Write off the fee for the original JS |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
Debtor notifies the court of a bankruptcy order at the JS hearing |
Write off any fees not awarded by the court |
Court does not award JS fees and/or travelling expenses |
Write off those fees |
Debtor notifies the court of a bankruptcy order after the issue of a warrant of committal |
Write off any fees not awarded by the court |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
JS hearing adjourned for 12 months and you do not apply for a fresh hearing |
Write off the fee for the judgment summons |
You learn that the debtor is insolvent after the issue of a JS |
Write off any fees not awarded by the court |
Proceedings are for a liability due after an AO has been made and the court adds the liability to the AO |
Write off any fees not included in the AO |
N244 and amended particulars of claim filed where you have been unable to obtain the defendant’s written consent to amend the particulars |
Write off the fees of the N244 application |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) |