Debt Management and Banking Manual

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
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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The warrant becomes out of date	Write off the fee for the warrant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)