| If the borrower clears their arrears in full at any time, can we still proceed? |
| No, if the arrears on which your application for an order for possession is based are cleared you must suspend Court action and monitor the situation. This includes cases where an order has been made but is pending enforcement. In such instances you must wait for further default and commence an entirely new action.
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| We have received a Court date- what does this mean? |
| The case has been listed for hearing and we will proceed to serve the borrower with notice of the date and require their attendance. Our office will confirm the up to date figures on the account on the morning of that hearing date.
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| What will happen at the Court hearing? |
| This will depend on the facts of each individual case. If a satisfactory payment arrangement has been made the Master will grant a suspended order for possession. The Master may also allow the borrower more time and adjourn the matter (where there is a re-mortgage pending, house is being sold etc), normally for four weeks. Alternatively the Master may grant a full order for possession.
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| What is the difference between a suspended order and a full order? |
| A full order for possession becomes enforceable after the time specified by the Court, usually 28 days after service. A suspended order is not enforceable for so long as the borrower abides by the terms for payment under the order.
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| What happens if the borrower defaults on the terms of a suspended order? |
| We can refer the matter back to the Court and make an application to lift the suspension and seek a full order. This is done by way of affidavit.
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| When does a full order become enforceable? |
| When the order is made the Court will specify what method of service of the order is required. Normally the order becomes effective 28 days after service but the service required may be personal in which case we will await a copy of the order from the Court and then instruct an agent to carry out service
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| How long will it take to enforce the order? |
| Enforcement is dealt with by the EJO and current indications suggest that a 6-8 month time delay exists for cases from initial application through to eviction.
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| Do we need to appoint our own agents for an eviction? |
| We can take care of this for you if required. We will use local agents with experience in this area.
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