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The warrant becomes out of date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

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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

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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

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(This content has been withheld because of exemptions in the Freedom of Information Act 2000)