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Small claims court

2 replies

squashedfrogs · 13/11/2010 12:29

Can anyone provide some advice on the following situation:

A member of DP's family (A) is making a claim against DP's ex (B) and they had a preliminary hearing & mediation this week. During this B was advised to settle and make weekly payments. B does not want to settle and the case is now going to be heard at the next scheduled hearing.

B has now submitted to the court a counter claim against DP and at the end of this she is requesting that DP is added as a co defendant to defend the claim against A. A is also calling DP as a witness at the next hearing.

The counter claim sent to DP states that he needs to respond to the court with his defence within 14 days.

DP & I are a bit confused as to what he needs to do next and what is expected of him. He obviously needs to respond to this claim within the 14 day timescale but he won't be agreeing with anything B has said as it is all untrue. Is there a specified way in which he has to set out his response? Is it possible for him to have a counter claim against him as well as being a co-defendant?

OP posts:
prh47bridge · 13/11/2010 13:31

It sounds like a complex situation. However, he is being added as a co-defendant so that she can make a counterclaim against him and A. Regarding the response, simply set out the facts as you see them and why you believe your DP does not owe the money that she is claiming. The small claims track is intended to be informal so they won't be expecting it set out in any particular way.

squashedfrogs · 13/11/2010 13:34

Thank you that's really helped.

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