Suggestion and need in dv act

Querist : Anonymous (Querist) 16 August 2011 This query is : Resolved
Respected all,

may I know the meaning of Distress warrant and Arrest warrant.

Matter, Trial court passed huge interim for the unemployed without any evidence. Respondents are incapable to pay the Due.

matter filled in the session court but magistrate is not at all considering the matter saying first pay 50% then he will consider. application in session court is still pending.

In trial court Advocate of complainant appeal of Distress warrant. warrant granted for non complainance.

as respondent is completely incapable to pay any amount in this situation he is ready to go jail as no other idea left for him to convince the court that he is unemployed.

hence, my query in such a case when wife intentionally submitted wrong information about work and income and her lawyer demanded distress warrant, husband is incapable to pay but ready to go in jail, he want to protect his father who is Respondent-no-2 and the only roof in which he is residing.

may I know if Respondent(Husband) submit an application to put him in jail even then his father will come on road due to distress warrant.

may I file counter case

urgent need is required as tommorow is the day of distress order. Respondent can submit application for putting him in jail and expedite the matter.

thank you in advance

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Advocate Rajkumarlaxman (Expert) 17 August 2011
If you are convicted in the Magistrates' Courts, you would receive a financial penalty which is payable to the Magistrates Court and if this remains unpaid a Distress Warrant will be issued.

Details of the relevant Bailiff Companies are listed on the following page.

If you do not pay a fine, a Distress Warrant may be sent to an approved private enforcement company [also known as bailiffs] to deal with. If this happens, you will have to incur additional fees to the private enforcement company.

If the bailiff is collecting an unpaid Magistrates Court Fine, under the Courts Act 2003 he will be able to clamp your car, under what is called a Clamping Order. This will list the registration number of a car that according to DVLA, is owned by you. Only that particular car can be clamped.

He cannot clamp or remove your vehicle unless he has a Clamping Order which must contain the vehicle details. Further information is provided under the section entitled Clamping Orders ( details on the left hand side of this page)

The bailiff cannot take a vehicle that is not in your name.

Advocate Rajkumarlaxman (Expert) 17 August 2011
From above you might have understood that they recover execution to be filed to remove from your shelter and you can always file a counter case if you are really unemployed and to that effect you have to prove the same. or in the same case file another application for conformation of your unemployment.