GJD wrote:michael769 wrote:The biggest problem is not successfully suing someone but in getting the money awarded by the court out of them. If they do not have the money (or assets) to pay, it's pretty hard to get blood out of a stone.
If I have the assets to pay, but I choose to defy the court and not pay, will something bad happen to me? Have I committed any sort of offence?
And if I don't have the assets to pay, is that not the definition of bankrupt?
Sorry I was probably being unclear, I was thinking mainly about those who would not have the means to pay a typical award. When pursuing a private individual for any significant amount it is worth considering the odds of them being likely to pay. If they are close to minimum wage they probably have no savings, insurance cover or assets worth speaking of so anything you do manage to get out of them may not even cover the cost of court action.
If they do end up bankrupt (which can happen) the chances of a claimant getting more than a tiny fraction of what they are due is often very low.
On the other hand if they are reasonably well off and have some savings or unsecured assets enforcing the award is perfectly possible. The problem is that as a claimant it is not always possible to tell until fairly committed.