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I'm hoping someone can shed some light on this. I took a tradesman to small claims court as he had not fulfilled the terms of our contract. We went through arbitration and he agreed to make regular payments. He then delayed sending the agreement to the court and on the court date, I turned up to find the court did not have the hearing on their list. They had removed it on the basis that an agreement had been reached despite not receiving a signed copy.
The court sent a letter to the defendant giving him a deadline to return the completed paperwork, which he did. He then proceeded not to pay for almost 6 months despite reminders. I requested another court date and a relative of his intervened and brought payments up to date. He (relative) has also promised to ensure the defendant pays the sums outstanding but on a different schedule.
My issue is now, the payment was received 2 weeks ago, I've been on holiday and only verified the amount was paid today. My court date is next week, and I'm not sure what my options are.
Preferably, I would like to have the new payment schedule drawn up in a new agreement and some way of ensuring I don't have to pay for another hearing should he continue to default on payments.
If you've made it this far, thank you!
I'm hoping someone can shed some light on this. I took a tradesman to small claims court as he had not fulfilled the terms of our contract. We went through arbitration and he agreed to make regular payments. He then delayed sending the agreement to the court and on the court date, I turned up to find the court did not have the hearing on their list. They had removed it on the basis that an agreement had been reached despite not receiving a signed copy.
The court sent a letter to the defendant giving him a deadline to return the completed paperwork, which he did. He then proceeded not to pay for almost 6 months despite reminders. I requested another court date and a relative of his intervened and brought payments up to date. He (relative) has also promised to ensure the defendant pays the sums outstanding but on a different schedule.
My issue is now, the payment was received 2 weeks ago, I've been on holiday and only verified the amount was paid today. My court date is next week, and I'm not sure what my options are.
Preferably, I would like to have the new payment schedule drawn up in a new agreement and some way of ensuring I don't have to pay for another hearing should he continue to default on payments.
If you've made it this far, thank you!
