Small claim struck out

[Nessy247]

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

[Amethyst]

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.

[Nessy247]

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