Time frame in Small Claims Court?

[Vanmorrison]

Just getting ready to ask for a judgement in a Small Claims case. The defence has been struck out already. What is the time frame for receiving the money owed(less than £5000) from this point on? My first time of doing this. Thanks

[nemesis45]

Re: Time frame in Small Claims Court?

Just getting ready to ask for a judgement in a Small Claims case. The defence has been struck out already. What is the time frame for receiving the money owed(less than £5000) from this point on? My first time of doing this. Thanks

Hi,

It will depend on the judgment order e.g. "Forthwith " (immediate payment" or " within 28 days" or " by instalments of £xx per "
Getting judgment in your favour does not always mean the defendant pays up, you may have to take further action to enforce the judgment e.g. a warrant of control /bailiffs.


nem

[Amethyst]

Re: Time frame in Small Claims Court?

Morning, How did the defence get struck out? Did the defendant file a defence and you made an application to strike or did the court strike it out of their own accord? Usually if it is struck out judgment is awarded to the Claimant. Or do you mean maybe that the defendant didn't file a defence and you are able to apply for a default judgment?

[Diana M]

Re: Time frame in Small Claims Court?

Just getting ready to ask for a judgement in a Small Claims case. The defence has been struck out already. What is the time frame for receiving the money owed(less than £5000) from this point on?

Why was the Defence struck out?

If it was a procedural issue the Defendant may apply for relief from sanctions > https://www.justice.gov.uk/courts/pr...les/part03#3.9

Or do you mean you already have a judgment Order which you are seeking to enforce (so you get the money)?

A little more information would be helpful.

Di

[Vanmorrison]

Re: Time frame in Small Claims Court?

I haven’t yet asked for a judgement but I see that the defence has already been struck out, presumably because it is an unacceptable argument? I have no more information on it than that it has been struck out. If I now ask for a judgement, will it take a long time until we get a court date? So far it has all been done online. Will we all (defendant and claimant) have to physically appear in a court together?

[Amethyst]

Re: Time frame in Small Claims Court?

Did you get a copy of the Defence from the defendant or the court? That might give a clue why it's been struck out.

Is it open to you on MCOL to file for a default judgment ? The defendant may have been ordered to amend his defence and refile & serve it

Maybe a call to the court business centre would be in order to check the exact status of the case ( and ask them for a copy of the defence and strike out order )

IF you can get a default judgment then there wouldn't be a court hearing - the defendant would be ordered to pay and if they breach that order you could go to enforcement ( bailiff etc maybe ).
However the defendant could get his ducks in a row and file an amended defence and apply to set aside the judgment, or for releif from sanctions ( the strike out). In which case it would likely have to go to a hearing.

Give court a ring and check the exact status before going forwards.