Tag Archives: warrants

Suspending Warrants - Establish The Basic Facts

It is important to avoid rushing into what seems like an urgent case without getting the basic facts right.

The first thing to establish is who the client is and their contact details. It can be very frustrating if you can't get hold of the client later on. It is therefore important to get all their contact details. Problems like this can be avoided by completing the contact details checklist in Trello when first speaking to a new client.

Problems can also arise if it turns out there the client is not actually facing eviction and no warrant has actually been issued. A warrant for possession leading to eviction by County Court bailiffs usually only happens at the very end of the process of a landlord taking possession proceedings. It is quite common for people who receive a letter from their landlord threatening to issue proceedings, which may mention eviction, to panic and think that they are about to be evicted. They may therefore call a solicitor's office and ask for help because they are about to be evicted. The solicitor who does not check if there really is an eviction coming up can then do a lot of work preparing to stop an eviction only to find that it was not necessary.  The way to avoid this is to ask the client if they have received an eviction notice from the Court and when it says the eviction is to be. A court eviction notice is quite distinctive and will have Court details on it. A Notice of Eviction is hand delivered by the County Court bailiffs. It is difficult to confuse with any other document. It looks like this:

2-october-2016-sample-eviction-notice

Once you have the basic facts established you can can move on to the the next steps..

Suspending Warrants Step 2 - Complete Legal Help Form

The Legal Help Form (also known as a CW1) is used for claiming payment for providing initial advice and assistance.

If a client is receiving a passported benefit you do not need to record details of their income. For all other clients you need proof of their income. To speed things up I have created two template Legal Help forms one for clients on passported benefits and one for the others.

Legal Help Form Passported Benefits
Legal Help Form Non Passported Benefits

Details will also need to be obtained for the client's partner and they will need to sigh the form as well as the client.

After completing the Legal Help form the client needs to be advised about the proof of income which the Legal Aid Agency will require.