Small claims court hearing

[Masketti]

The defendent hasn't submitted his evidence / defence 14 days in advance of the hearing date. I've sent mine to all relevant parties. What happens now? Do I chase him? Phone the court? Will the hearing go ahead?

[prh47bridge]

You don't chase him. You don't need to phone the court. The hearing will go ahead. If the defendant submits evidence later the judge will decide whether or not to accept it.

[prh47bridge]

Having said that, if you haven't been in touch with the defendant to try and settle the case or at least agree on as much as you can prior to the hearing you should do so.

If the defendant submits evidence late or hasn't sent a copy to you the judge may decide to adjourn the case and the defendant may be ordered to pay costs as it is the adjournment would be due to their failure.

[Masketti]

We've offered to mediate twice and he's refused twice. I don't like the idea of him springing evidence on me at the last minute and being allowed to get away with it but leave me on the back foot. It's typical of how we got into this mess in the first place!

[Sal1977]

I had his exact same thing in January. The defendant didnt submit her evidence and didn't turn up. Judge ruled in our favour. Took all of 5 minutes.

Take 2 extra copies of what you submitted as they'd lost our evidence and I had to hand over my copy.

Getting the £5.5k out of her now we have the judgement is the tricky part!

Good luck!

[Masketti]

Now that's interesting! He's not got a leg to stand on so maybe he won't turn up. Day off work for no reason. Kids in childcare. Bonus day out!

Thanks for the evidence tip. One of the pieces of evidence we only got 3 copies of so I might have to get an electronic copy from the expert.