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Small Claims Tomlin Order

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  • Small Claims Tomlin Order

    4 months ago reached verbal agreement with lawyers representing a 3rd party for outstanding payment of debt. As part of the process our lawyers produced a Tomlin Order which we signed, was then forwarded to the other sides lawyers.

    Since then, nothing. All communications are being ignored, despite still being active.

    How can we enforce?
    Tags: None

  • #2
    If the order has not been signed by the other party, you need to pursue your claim.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Thank you for the reply. How can we pursue?

      Does it make a difference the Tomlin Order was not signed?

      Comment


      • #4
        To pursue, you take the next steps in the court process.

        An unsigned Tomlin Order is not a Tomlin Order you can ask the court to make. There is no signature to confirm that its terms are agreed.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          Originally posted by atticus View Post
          To pursue, you take the next steps in the court process.

          An unsigned Tomlin Order is not a Tomlin Order you can ask the court to make. There is no signature to confirm that its terms are agreed.
          So I need the court to confirm its binding and to enforce?

          Surely, there will be intent on both sides to agree otherwise it would never have been drawn up.

          Comment


          • #6
            This is incorrect. Please read my earlier posts.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Guides and handbooks for Litigants in Person - :

            https://legalbeagles.info/forums/for...60#post1701560

            Comment


            • #7
              Originally posted by atticus View Post
              To pursue, you take the next steps in the court process.

              What are the next steps in the court process?

              Comment


              • #8
                You have not said where you are now in the process, making it impossible to say what is to be done next. You say that you have engaged lawyers: I suggest that you ask them.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Guides and handbooks for Litigants in Person - :

                https://legalbeagles.info/forums/for...60#post1701560

                Comment

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