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what happens if you dont turn up in a small claims court?

(9 Posts)
ssd Wed 29-Mar-17 21:05:35

not for me, someone I know is being taken to court by their employer and she says she isnt able to turn up on the date its being heard, how will she be represented if she isnt there, she hasnt got anyone who can turn up for her?

AddToBasket Wed 29-Mar-17 21:07:36

She should write to the court giving her reasons (they'd better be good) and have the date rearranged.

How is she being taken to small claims by her employer? That doesn't sound right.

ssd Wed 29-Mar-17 21:12:14

they said she was overpaid on holidays but she didnt have a contract

WellWhoKnew Wed 29-Mar-17 21:14:34

If she isn't permitted a postponement, then judgement will go against her most likely. As will costs.

Rumdoodler1 Wed 29-Mar-17 21:15:49

She needs to apply for a postponement and to explain why she can't attend on the date that has been fixed. If she has a good reason then the Court may fix a new date.
If the Court won't postpone she really must try to do whatever she can to attend. Otherwise the hearing will go ahead and the Court will decide the case on the basis of the evidence that it has.
Why is her employer suing her and why can't she attend?

AddToBasket Wed 29-Mar-17 21:22:54

If it is her current employer, why aren't they just deducting it from her wage slips? Can't she arrange for that to happen without the need for it to call in court?

ssd Wed 29-Mar-17 23:01:43

its a long story but thanks for the answers, I'll tell her to try for a postponement

prh47bridge Wed 29-Mar-17 23:03:48

I am not sure why not having a contract would be relevant. Does she think they paid her the correct amount? If she was overpaid she will have to pay it back regardless of whether or not the employer has given her a formal contract.

Allthebestnamesareused Thu 30-Mar-17 16:36:00

If she works for them then she does have a contract - its just not a written one.

If she fails to attend it is likely that judgment will be given against her.

If she contacts the court and asks for an adjournment they may consider adjourning. If they won't or if she doesn't hear she must go along on the day otherwise risk judgment against her.

Why can't she go? I assume it isn't because she has to go to work?!

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