Judgement against me !!!!
Discussion
I've sued customers and also a neighbour who refused to admit that she had broken my car's wing mirror as she drove by.
I took her to the small claims court (I'm assuming yours is a small claims case) but she failed to turn up at the hearing. I applied for judgment in default and was granted judgment in my favour.
I then got a letter from the court saying she was being granted another hearing at her request.
I had to attend another hearing. When the judge questioned her she admitted she had received the original summons and said "... I know it said I had to attend court but I didn't think I had to" - FFS.
The judge held her appeal failed.
Now if she can get an appeal hearing on the basis of that, you should have no problem
I took her to the small claims court (I'm assuming yours is a small claims case) but she failed to turn up at the hearing. I applied for judgment in default and was granted judgment in my favour.
I then got a letter from the court saying she was being granted another hearing at her request.
I had to attend another hearing. When the judge questioned her she admitted she had received the original summons and said "... I know it said I had to attend court but I didn't think I had to" - FFS.
The judge held her appeal failed.
Now if she can get an appeal hearing on the basis of that, you should have no problem
As well as applying for a hearing you should also apply to have the case transferred to the local county court - not sure what form it is as this is outside my field but I know the principle is that the case should be heard in the court closest to the defendant.
Don't assume that the court issued the original paperwork. If you sue someone you can arrange for service yourself. I have acted for clients in the past who would always insist on serving themselves because it is 3-4 days quicker than the court process, they can do it personally if they have to and they are certain that it has been done. If this person simply claims to have served the papers the court will take it at face value. They rely on people not perjuring themselves.
You should have no difficulty getting a hearing to set aside judgment but you will have to act quickly.
Don't assume that the court issued the original paperwork. If you sue someone you can arrange for service yourself. I have acted for clients in the past who would always insist on serving themselves because it is 3-4 days quicker than the court process, they can do it personally if they have to and they are certain that it has been done. If this person simply claims to have served the papers the court will take it at face value. They rely on people not perjuring themselves.
You should have no difficulty getting a hearing to set aside judgment but you will have to act quickly.
Dont worry about getting the judgement against your company. Phone the court and send a letter explaining that you want the judgement set aside as you have had absolutely nothing about this and this is the first you've heard of it.
The court will advise you all the way on this and are actually quite helpful in this respect.
You can try to get the hearing moved but don't hold your breathe.
Get this done asap as you don't want the order enforced by the plaintiff.
I'm not sure if its been explained - but iirc there wasn't a court date you missed. Because you filed no defence they can get a default judgement against you without going to court in the first place.
The court will advise you all the way on this and are actually quite helpful in this respect.
You can try to get the hearing moved but don't hold your breathe.
Get this done asap as you don't want the order enforced by the plaintiff.
I'm not sure if its been explained - but iirc there wasn't a court date you missed. Because you filed no defence they can get a default judgement against you without going to court in the first place.
billsnemesis said:
but I know the principle is that the case should be heard in the court closest to the defendant.
That's only the case where the defendant is an individual. It does not apply where it is a limited company. The court does still have a discretion to transfer it at the allocation stage, however, depending on where appears to be most convenient for the parties, witnesses etc.
You need to apply to set the judgment in default aside. To succeed in that application, you need to show two things:
(a) that there is a good reason why you didn't respond in time first time around; and
(b) that you have a defence to the claim that has a realistic prospect of success.
If you can do that, the court should set the judgment in default aside and give you leave to file a defence to the claim. It will then proceed as if the default judgment had never been entered.
Friend of mine went through exactly the same scenario.
But he has since had sight of the original documents.
The summons was sent to number 21 (he lives at number 2) and the occupier of number 21 sent it back to the court.
The judgement was awarded by default as he didn't know the case was happening.
The notice of award was sent to number 3, an empty house.
So the first thing he knew about the whole case was bailiffs turning up on his doorstep 2 months later.
He appealed, as you would, and was told that as the original judgement was over 2 months earlier he was out of time and tough shit basically.
In summary, £800 of damage to a £3500 car ended up with a judegement against him + costs + bailiffs etc of around £30k. He's now homeless and has no business (as the bailiffs took all his tools, even though that's illegal too).
Local Judges are resonable, my arse they are.
But he has since had sight of the original documents.
The summons was sent to number 21 (he lives at number 2) and the occupier of number 21 sent it back to the court.
The judgement was awarded by default as he didn't know the case was happening.
The notice of award was sent to number 3, an empty house.
So the first thing he knew about the whole case was bailiffs turning up on his doorstep 2 months later.
He appealed, as you would, and was told that as the original judgement was over 2 months earlier he was out of time and tough shit basically.
In summary, £800 of damage to a £3500 car ended up with a judegement against him + costs + bailiffs etc of around £30k. He's now homeless and has no business (as the bailiffs took all his tools, even though that's illegal too).
Local Judges are resonable, my arse they are.
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