How to Request a Judgment Using Money Claims Online
Guidance and Type of Judgment
When a tenant has failed to pay their rent, a landlord may wish to pursue a judgment through the Money Claims Online (MCOL) service. To do this, the landlord must first decide on the type of judgment they are seeking.
There are a few types of judgments available, such as a default judgment, a suspended judgment, or a consent order. Depending on the situation, one of these may be more appropriate, or multiple judgments may be sought. The landlord should seek legal advice to determine which judgment is most appropriate for their situation.
Once the landlord has chosen an appropriate judgment, they must provide their details as the claimant. This includes their name, address, contact details, and any other relevant information. The landlord should also provide the details of their tenant, such as the tenant’s name, address, and contact details. This is important so that the court can contact the tenant to inform them of the judgment.
The landlord must also provide the details of the defendant, which is typically the tenant. This includes their name, address, contact details, and any other relevant information. It is important that the details of the defendant are accurate, as the court will use this information to contact them and inform them of the judgment.
The landlord must then provide details of the judgment they are seeking. This includes the amount of the debt, any interest that may be due, and any other fees or costs associated with the judgment. The court will use this information to determine the amount of the judgment and the repayment terms.
Summary and Confirmation
Once the landlord has provided all of the necessary information, they must provide a summary of the judgment request and confirm that the details are correct. This is important to ensure that the court has all of the necessary information to process the judgment. The landlord must also agree to the terms and conditions of the court in order to complete the request.
Manual Judgment Requests
If the landlord is unable to use the MCOL service, they may make a manual judgment request. This involves submitting a written application to the court, along with the relevant documents, such as evidence of the debt. The landlord should seek legal advice to ensure that they provide all of the necessary information and documents to the court.
After Judgment Has Been Entered
Once the court has entered the judgment, the landlord must take steps to enforce the judgment. This may involve filing an enforcement order, which will require the tenant to pay the debt or face further enforcement action. The landlord should seek legal advice to determine the best way to enforce the judgment.
If Payment is Received
If the tenant pays the debt in full, then the landlord should contact the court to inform them of the payment. The court will then cancel the judgment and the debt will be considered paid in full.
If the Defendant Does Not Pay
If the tenant does not pay the debt, then the landlord may take further enforcement action. This may involve applying for an attachment of earnings order, a charging order, or a third-party debt order. The landlord should seek legal advice to determine the best course of action to take.