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Small claim struck out

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  • #1

    Small claim struck out

    Hi all,

    my ex took me to the small claims court and didn’t pay the court fee on time therefore the claim has been struck out. Can he get the claim reinstated at all and is there a time limit on getting it reinstated? It has been hanging over my head for 18 months now and I just need it to be over. Can anyone give me any idea??
    thanks in advance
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  • #2
    If the claim was struck out due to non-payment of the hearing fee over 18 months ago then he's probably going to have a big uphill struggle to try and get it reinstated. Normally a strike out only gives seven days to apply to vary or set aside the order, so to Apply after 18 months he would have to show a very very good reason why he hasn't done so earlier, so I think you're probably safe to move on.

    If he did try to bring a new claim on the same fact you would just apply to have it struck out.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      The claim started 18 months ago, it has only just been struck out on 3rd July

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



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