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minute of agreement (Read 8572 times)
scot68
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minute of agreement
Mar 9th, 2009 at 4:20pm
 
Following a very messy divorce, I walked away with a minute of agreement stating I should get 2500 a year for the next few years, as she got to keep the house.
Well surprise, surprise this year she has refused to pay citing the 'credit crunch'.
What avenues do i have to recover this money? No court will force her to sell the house, and she would just drag the process out anyway.
Do I have any reasonable chance of getting my money?
Thanks.
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everyonesfavouriteposter
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Re: minute of agreement
Reply #1 - Mar 9th, 2009 at 5:30pm
 
Go back to Court and get this minute enforced. An order of the Court is made for a reason, it is not made to be flouted by a party who seems here to have total disregard for the judicial process.
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scot68
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Re: minute of agreement
Reply #2 - Mar 9th, 2009 at 5:34pm
 
Thanks for that, do you think this will encur costly legal bills? I was taken to the cleaners before...!
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everyonesfavouriteposter
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Re: minute of agreement
Reply #3 - Mar 9th, 2009 at 10:02pm
 
Not costly. There is a scale of fees set out for civil work, it should not cost you as much as previously. The Court does not look favourably upon those who go against its ruling.
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grumpy
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Re: minute of agreement
Reply #4 - Mar 10th, 2009 at 10:15am
 
You do not have t go to court. The agreement should have been regsitered in the books of Council and Session making it immediately enforceable like a court order. There should also be an interest provision in the agreement in the event of late or non payment. If this has all been done you just give an original copy (your lawyer will have this) and they will serve a charge for payment on her. This then allows you to enforce the arrears via arrestment of her bank or wages and ultimately bankruptcy.
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scot68
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Re: minute of agreement
Reply #5 - Mar 11th, 2009 at 7:31pm
 
Thanks for that - it gives me something to go on.........cheers!
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hopskipandjump
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Re: minute of agreement
Reply #6 - May 20th, 2009 at 5:06pm
 
grumpy wrote on Mar 10th, 2009 at 10:15am:
You do not have t go to court. The agreement should have been regsitered in the books of Council and Session making it immediately enforceable like a court order. There should also be an interest provision in the agreement in the event of late or non payment. If this has all been done you just give an original copy (your lawyer will have this) and they will serve a charge for payment on her. This then allows you to enforce the arrears via arrestment of her bank or wages and ultimately bankruptcy.


Please help could they also over turn one as it has time out and allow it to be enforced
Huh
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