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Small claims hearing

4 replies

seriousone · 11/10/2018 18:39

Hi I'm taking someone to small claims court as they owe me money and have refused to pay, anyone know what will happen at the hearing, especially if the other party doesn't show upSmile..all help gratefully received

OP posts:
Mehaveit · 11/10/2018 21:51

I don't know about the other party not turning up - have they filed any response?

seriousone · 12/10/2018 06:52

They haven't as yet but they have until 14 days before so about 10 more days,they didn't fill out the directions questionnaire though. They Told a mutual friend they are not attending but could be just chat!

OP posts:
norkmonster · 12/10/2018 06:59

Has there been an "unless" order for them to file their directions questionnaire - it usually says "unless the defendant files a directions questionnaire by 4pm on [date] his/her defence will stand struck out without further order and the claimant will be entitled to enter judgment"

PerryMasonsFriend · 14/10/2018 16:57

anyone know what will happen at the hearing, especially if the other party doesn't show upsmile..all help gratefully received

The normal progress of a hearing if both sides are there is:

Claimant opens their case (tells judge what it is about and what the claim is in summary.)

Claimant calls their evidence (any witnesses give oral evidence one by one and the Defendant (either themselves or by their lawyer) gets to ask them any questions they want (cross examine them).

Defendant calls their evidence (their witnesses give evidence one by one and the Claimant or their lawyer cross examines them).

Throughout all of that the Judge can ask any questions they want.

Then Defendant sums up their case in a short closing speech explainin why they have a good defence and should win.

The Claimant then sums up their case in a short closing speech and explain why the Defendant has no defence and they claimant should win.

Judge makes a decision.

(After the decision, if applicable parties make an application for costs and/or issue fees etc. Generally you don't get costs in small claims but there are exceptions).

If the Defendant doesn't turn up

What happens really depends on the Judge and whether the Defendant has written to the Court asking for an adjournment (case to be put off to another date in future)

It is very common for litigants in person (people acting for themselves without a lawyer) to write to the Court at the last minute claiming illness.

If the Defendant asks for time in writing and is a first request they tend to grant it.

You will be able to say anything to the Judge on this issue before he/she decides - including that it shouldn't be adjourned because he's had plenty of time to respond and there is no good reason given for adjournment.

If it is just radio silence from the Defendant, the Judge will probably deal with the case there and then.

You can ask for judgment in default of defence as well if there is no defence entered.

If the Defendant is a no show, the Court will want to be satisfied that the Defendant was actually served with the proceedings. If you did that through the Court, that's fine. If you served the proceedings yourself, you will need to prove to the Court that you did in fact serve them.

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