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amy14678 · Dec 5, 2013, 09:08 AM

Hello. Someone iknow is on a suspended sentence for 2 years and has been for 1 month and he doesn't have any conditions but he has been court a few months ago and set up a payment plan to pay back council tax he owed and that was 50pounds a month and he stuck to it at first but then then last 2 months he has only paid 20pounds a month because he couldn't afford to pay the whole 50pounds each month as he has had to pay other things back what he owes money to and he is going through payplan an IVA to help with his debts and the council tax he owes is being included in this and the meeting with the creditors is set for the 12th but he has been set a court date to return to court on the 11th the day before because the council is taking him for a liability order for the council tax owed, but because he is on a suspended sentence I am worried he will go to prison for the rest of the suspsended sentence and was wondering what would happen?

Curlyben · Dec 5, 2013, 09:15 AM

Debts, even council tax, are a civil matter. As long as any payments are met this will not affect the suspended sentence.

amy14678 · Dec 5, 2013, 09:19 AM

Yes but he is being taken back to court for a liability order for the council tax while he is on a suspended sentence so will he go to prison for that?

excon · Dec 5, 2013, 09:30 AM

Hello a:

he doesn't have any conditions

Not having any conditions, means he has NO conditions. They can't NOW make some up.

excon

Curlyben · Dec 5, 2013, 09:30 AM

He will ONLY go to prison on a liability order if he doesn't make the payments.
This is the ONLY time incarceration is an option.
Does he have a fully detailed I&E (Income and Expenditure) to demonstrate his inability to pay.

When it comes to debts ALWAYS pay for the roof over your head, utilities and council tax, the rest can whistle... (any fines aside of course)

amy14678 · Dec 5, 2013, 09:34 AM

He isn't on a liability order at the minute but the council are taking him to court to get one from the court he has been taken to court before for non payment of council tax and they set up a monthly payment plan which he hasn't stuck to and he has opnly paid half of that amount monthly..

amy14678 · Dec 5, 2013, 09:36 AM

And what I'm getting at is will he automatically go to prison for the rest of the suspended sentence time for getting taken back to court

Curlyben · Dec 5, 2013, 09:36 AM

The first part of the Liability order is formalising the payment plan, similar to a CCJ.
Keep to the plan and everything is fine.

Hence the need for a fully detailed I&E.
If the judge sees he's making an effort they are more likely to be helpful.

amy14678 · Dec 5, 2013, 09:38 AM

Yes but he hasn't kept to the payment plan because he hasn't paid the whole 50 pounds a month as agreed at court he has only paid 20pounds a month..

Curlyben · Dec 5, 2013, 09:40 AM

Has he defaulted on the liability order ?

amy14678 · Dec 5, 2013, 09:44 AM

Basically he has got a suspended sentence for something completely different but then another time he got sent to court for non payment of council tax which they set up a payment plan of 50pounds a month which they agreed to but he has only paid 20pound a month due to not being able to afford 50pounds a month anymore so basically he hasn't stuck to the 50pounds a month what they agreed in court so the council complained to the court and have set a date for him to go back to court because the council want to get a liability order. But its not that I'm worried about, I'm worried because he is always on a 2 year suspended sentence so because he is getting taken back to court for a liabilty order against him will he go straight to prison for simply being took back to court for something while on a suspended sentence?

amy14678 · Dec 5, 2013, 09:49 AM

Well when they set up a payment plan it was for 50pounds a month but he has only been paying 20pounds a month that's why they are taking him back to court for a liability order, but I am mainly worried becaause he is on a suspended sentence for 2 years so will he go straight to prison just for simply being taken back to court while on a suspended sentence?

excon · Dec 5, 2013, 09:51 AM

Hello again, a:

will he go straight to prison for simply being took back to court for something while on a suspended sentence?

You told me in a private message that he DOES have conditions after all.. Apparently paying his bills are SOME of them.

Therefore, since he VIOLATED his conditions, he WILL go to jail.

excon

amy14678 · Dec 5, 2013, 09:57 AM

He doestn have conditions like probation or anything just that if he gets into trouble withint the 2 years suspended sentence then he will go to prison but is going to court for someone getting a liability order against you classed as breaching the liability order?

excon · Dec 5, 2013, 10:19 AM

Hello again, a:

he doestn have conditions like probation or anything just that if he gets into trouble withint the 2 years suspended sentence then he will go to prison

In the world of law, there's NO in between... He either HAS conditions, or he doesn't.

IF he does, they're WRITTEN down in the judgment he received from the criminal court.. READ them. If it says that he WILL be violated if he can't pay his bills, and/or is SUED for a civil violation, then THAT'S what will happen. If it DOESN'T say any of that, then he WON'T be.

Now, I personally BELIEVE that he HAS conditions, because I've NEVER heard of a person being given a suspended sentence WITHOUT conditions. But, I was willing to BELIEVE you because this isn't a US court, and you sounded like you KNEW. But, you don't.

excon