Dealing With Court Hearings For Home Repossession Or Eviction
If you have fallen behind on your mortgage or secured loan payments and have been given a court hearing date then dont be afraid to approach the lender’s representative before the hearing to see if you can come to an agreementto present to the district judge.
But don’t be pressed into offering more than you can afford. The district judge may agree with you and allow you to pay less than the lender’s representative wants. Answer questions clearly, calmly and fully. This will help the district judge make their decision. Remember you have as much right to put your case as the lender.
What If I Can’t Pay The Order?
If at any time you find you cannot pay the amount which the court has ordered, you should go back to the court and askfor the order to be changed. Use the form N244 , available from the court office.There will be a fee to pay to make thisapplication.You do not have to pay a fee if you are on certain benefits.
You should also contact your lender and try to makea new arrangement.
How To Stop An Eviction
The court will not take action to evict you unless your lender asks it to. Contact your lender immediately if:
You have not kept up the payments under a suspended possession order; or
The time period given on a possession order has run out.
Try to make an arrangement with your lender. If you cannot reach an agreement your lender can apply to the court for a “warrant of possession”. You should be given a “notice of eviction” by the court bailiffs giving you a date and time when they will come to evict you. You may be able to stop this, but you must act quickly.
If you need further time to sell, to find somewhere else to live, or want to make a renewed offer to pay the arrears by monthly instalments you should apply for the warrant to be
suspended on court form N244.
This is a general application form available from your local county court. You should fill in the N244 form including:
The claim number of the case.
The warrant number.
The reason you’ve not been able to pay and your new offer(in Part A on the front of the form).
In Part B you should tick the box saying you rely on “evidence in Part C”
In Part C on the back of the form attach your personal budget or write it out on the form.
Sign the “statement of truth” at the end of the form.
Do this as soon as possible to allow the court time to arrange a hearing date and time.
