The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Enforcing a court order

  • Lady Gixer
  • Lady Gixer's Avatar Posted by
  • New Member
  • New Member
More
03 Nov 09 #159347 by Lady Gixer
Topic started by Lady Gixer
Hi

I am already divorced (2 year separation with consent). My ex took me to court to claim his costs of £1500 as he didnt have a solicitor. The judge dismissed the application based on no merit and refused the right to appeal. My solicitor has sent him the bill for the hearing of £460 and he has refused to pay it. My solicitor is not expecting me to either pay the £460 bill or pay the £100 it will cost for an attachment of earnings. Isnt the debt between my solicitor and my ex husband and nothing to do with me?? She also said that if the attachment of earning fails that I would still have to pay the bill...surely this is not right??

  • Elle
  • Elle's Avatar
  • User is blocked
  • User is blocked
More
03 Nov 09 #159349 by Elle
Reply from Elle
Unfortunately you employed the sol and are liable for his costs. Any costs for attachment of earnings can be added to your claim.

Elle x

  • TBagpuss
  • TBagpuss's Avatar
  • Platinum Member
  • Platinum Member
More
03 Nov 09 #159351 by TBagpuss
Reply from TBagpuss
No, that is correct.

You are always rsponsible for your own solicitors costs.

If you get a costs order against someone else then that is a debt which they owe to you. Your solicitor is involved only in that they were acting on your behalf - your solicitor had no personal interest in opposing your ex's claims against you, she was acting for you. Why would expect her to then carry the risk of his not paying, or to meet the costs of enforcing the order?

  • Lady Gixer
  • Lady Gixer's Avatar Posted by
  • New Member
  • New Member
More
03 Nov 09 #159362 by Lady Gixer
Reply from Lady Gixer
Thank you for that I just needed it explaining. I have decided to go ahead and ask her to get an attachment of earnings.

I'm just glad I got my Decree Absolute ;)

  • Elle
  • Elle's Avatar
  • User is blocked
  • User is blocked
More
03 Nov 09 #159363 by Elle
Reply from Elle
Ensure she includes your costs for seeking an attachment of eanings...it has been known for these little details to be overlooked!

Elle x

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.