Any small claims experts please?
Discussion
Hi all,
I'm taking someone to small claims court for monies owed
I received a letter from the court dated 4th March saying the defendant had 7 days to file a "Directions Questionaire" or their defence would automatically be struck out, so that means by the 11th March.
I logged into the court portal today and it showed the defendant had lodged the questionaire on the 13th (late, right?), yet the case is still being shown as "defended" rather than struck out, or any indication I'd won.
Anybody know the system a little better than me?
Thankyou
I'm taking someone to small claims court for monies owed
I received a letter from the court dated 4th March saying the defendant had 7 days to file a "Directions Questionaire" or their defence would automatically be struck out, so that means by the 11th March.
I logged into the court portal today and it showed the defendant had lodged the questionaire on the 13th (late, right?), yet the case is still being shown as "defended" rather than struck out, or any indication I'd won.
Anybody know the system a little better than me?
Thankyou
Jeremy-75qq8 said:
I have had this. Directions not followed. Makes no odds. The case gets heard.
My comment at court was they missed the deadline so slam dunk. No. The evidence will be heard.
Seems wrong to me but I am not a judge !
Same happened to me...........defence was filed 2 weeks late ( after already requesting 14 days extra to respond) and after I had already requested default judgement yet still going to a hearing.My comment at court was they missed the deadline so slam dunk. No. The evidence will be heard.
Seems wrong to me but I am not a judge !
Have you established (or at least got a reasonably good idea) whether the person / entity has any money before suing them?
That's the more relevant question in any small claims matters. It's no good spending time and money obtaining a judgment against someone if they are a two-bit waster with no means of paying you back.
That's the more relevant question in any small claims matters. It's no good spending time and money obtaining a judgment against someone if they are a two-bit waster with no means of paying you back.
In small claims the litigants are assumed to be useless, because more often than not they'll be representing themselves, likely for the first time. A lot of latitude is therefore given.
I had a case where the other side failed to follow basically all of the court orders, was late with all of them. I rang the court and asked whether it would make any difference if this stuff was late and was basically told no - within reason any late submissions would just get processed.
What will cause stuff to get struck out is if a claimant doesn't pay the court fee, the system is hot about deadlines when it comes to getting paid.
So, yeah, all you can really do in your eventual Witness Statement is highlight that the other party has not adhered to XYZ throughout the process, and let the judge infer whatever they want.
I had a case where the other side failed to follow basically all of the court orders, was late with all of them. I rang the court and asked whether it would make any difference if this stuff was late and was basically told no - within reason any late submissions would just get processed.
What will cause stuff to get struck out is if a claimant doesn't pay the court fee, the system is hot about deadlines when it comes to getting paid.
So, yeah, all you can really do in your eventual Witness Statement is highlight that the other party has not adhered to XYZ throughout the process, and let the judge infer whatever they want.
I am qualified to give this opinion.
If the defendant doesn't turn up, the hearing will still go ahead. You will not win by default. Under the Civil Procedure Rule (27). A hearing in absence will proceed using the evidence present at the time. If you have a valid claim, you will succeed.
If you do win and the defendant fails to pay, subject to the value of the claim, I would suggest you use a High Court Writ of Control which will allow a 'beefed up bailiff' to seize assets. The claim must be over £600
If the defendant doesn't pay, apply to 'transfer up' the judgement to the High Court using Form N293A (pay £71), £75+ compliance fee and you're set
Good luck
Pete
If the defendant doesn't turn up, the hearing will still go ahead. You will not win by default. Under the Civil Procedure Rule (27). A hearing in absence will proceed using the evidence present at the time. If you have a valid claim, you will succeed.
If you do win and the defendant fails to pay, subject to the value of the claim, I would suggest you use a High Court Writ of Control which will allow a 'beefed up bailiff' to seize assets. The claim must be over £600
If the defendant doesn't pay, apply to 'transfer up' the judgement to the High Court using Form N293A (pay £71), £75+ compliance fee and you're set
Good luck
Pete
I don't know the particulars. To state the small claims process is 'common sense' and not law is incorrect. If you lost on a technicality, at a guess, one of the following took place:
Incorrect filing/docs
statute of limitations
lack of notice such as the payment demand or letter before action
jurisdiction of this court
defendants legal status (individual vs company)
insufficient evidence-could not prove the money paid(fact) was a debt
technical defence- debt already paid
Pete
Incorrect filing/docs
statute of limitations
lack of notice such as the payment demand or letter before action
jurisdiction of this court
defendants legal status (individual vs company)
insufficient evidence-could not prove the money paid(fact) was a debt
technical defence- debt already paid
Pete
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