I am a creditor and secured a judgment against my debtor and would like to go for attachment of salary. However the debtor just informed me he has an active IVA. What does this mean for my claim? Can I still get my money back? What do I need to do?
Were you notified of the IVA? If you have a claim then you will get some of your money back via whatever dividend has been agreed.
Check him out on the Insolvency Register to make sure he does have an IVA and if so, contact the IP to see if your details were included.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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When was your debt incurred? Was it prior to the IVA? If so then you should have been included as a creditor and informed of the IVA - depending on how much you are owed your could challenge the validity of the IVA and have it voided. If it is not material then I'm afraid you're bound by it regardless.
If it is a post IVA debt then you are entitled to pursue it in the normal way. Depending on whether it relates to credit, if it;s over £500, then the debtor may have breached their IVA terms in obtaining credit without seeking authority from their Supervisor.
You need to speak to their Supervisor about your claim if its a pre IVA liability.
