Paying Damages

[needtoknowbasis]

Hello All
Following on from a question I asked lst week.
If a court have award myself damages from an individual who vandalised my car but that person is out of work and receives unemployment benefits (or whatever it is called nowadays) and has not paid in the allocated time, can they take the money out of his benefits to pay the debt?
Many thanks

[sandyRoe]

I doubt if they would. You'd probably be best forgetting it.

[needtoknowbasis]

Definitely won't be forgetting it. It cost me £400 that in ould not afford to forget it.

[hc4361]

No, they can't, not unless the debtor agrees to it.
You can send the bailiffs in but that will cost you more money.
You can't get blood out of a stone.

[Peter Pedant]

um ... no I have never tried that ....

but the court hasnt awarded damages to you - have they?

you would need a further court order for it ( I think, never having tried it )
and I cant imagine the court would grant one ( they have fact they have a power doesnt mean they will use it )

Even a judge whilst you were fuming in a corner (of the court) would remind you of the futility of pursuing a 'man of straw'


oh, the answer is no in Amerikee
//Garnishment is an American legal order for collecting a monetary judgment on behalf ... garnishment; Creditors cannot garnish wages for social security benefits, ...//

and I cant find anything on the internet for the UK
so I think the answer is no here as well ....

[Jackdaw33]

Courts can make an attachment of earnings order so I don't see why they cannot make an attachment of benefits order.

[needtoknowbasis]

Thank you all for your answers. I'm taking Jackdaws as the best!

[hc4361]

Jackdaw, because the law states that a person needs x amount to live on and the amount is what he or she receives in benefits.

[needtoknowbasis]

I did speak with my brother in law who works in a benefits office and said they have done this in the past but as he now works in pensions, he wasn't sure

[Peter Pedant]

You can for court fines:

http://www.newham.gov.uk/Pages/ServiceChild/Stage-5-How-do-I-deal-with-priority-debts-Magistrates-Court-fines.aspx

but I am still not sure if you can for civil awards
or else you wouldnt have that exciting programme -- the sheriffs would you ?

[needtoknowbasis]

Thank you Peter...it does mention earnings or benefit so a little hope I suppose. Maybe it will only take a letter or threat for him to pay up

[New Judge]

If compensation was awarded as a result of a criminal conviction (I assume this was a case of criminal damage judging from your first question) then the court decides how it (along with any fines, prosecution costs and victim surcharge) will be paid. Where the defendant is in receipt of benefits the most that a court can order is for the sum to be paid at the rate of £5 per week. This can be collected directly from benefits but, as hc correctly points out, this can only be done by agreement and it cannot be done where certain benefits are being paid (though straightforward "Job Seekers" allowance is not a problem. Otherwise the defendant is responsible for making the payments at the agreed rate. When payments are made compensation takes priority over any other charges.

You do not have the authority to instruct bailiffs to collect the debt as technically it is owed to the court, not to you. However, at the time of sentencing the court should have made a “collection order”. This means that if payments are not made as ordered then action can be taken to recover the sum without the matter being returned to court.

In short it is up to the court to collect your compensation and their process will follow up the matter if payments are not made as ordered.

[Peter Pedant]

thx for a straightforward answer NJ

One of my tenants was fined ( peanuts) for a breaking a non-molestation order and didnt pay (of course), and they just kept on arresting him ( and bailing him ). we as onlookers were meant to applaud the p'lice for doing a swonderful job, but we all thought: God what a pointless and expensive waste of resources, dont they have anything else to do ?
No they didnt

[needtoknowbasis]

Many thanks Judge and Peter for your time. These answers have been a great help to me and I am very grateful.

[EDDIE51]

To even get the court to award damages the person must have been convicted. Has the person who damaged your car actually been to court for the crime and found guilty?

[New Judge]

I think from needtoknow's first question the answer is probably "yes", Eddie:

"I knew who the youth was and he was questioned by the police but refused to admit it was him but the court decided that he did do it and was ordered to pay the costs of the damage."

[EDDIE51]

Sorry I see he has been convicted and ordered to pay.
There is little you can do to enforce payment, an attatchment of earnings/benefit order can only be made for fines. Sending baliffs will just cost you even more money as you have to pay a fee to get another court order to send them. They will not be able to recover any money if he has no money and no property worth taking.

[New Judge]

As I said earlier, Eddie, if this order for compensation has been made as a result of a criminal conviction it will be enforced by the court in the same way as fines. Instructing bailiffs is not an option open to needtoknow as the debt is owed to the court, not to him.

[EDDIE51]

So basiclly he has about as much chance of seeing the money as he has of flying to Mars!