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Default Judgment set aside
We took a trades person to small claims court for unsatisfactory work and damage to property. A default judgement was made. Later the defendant had the default judgement set aside and was ordered to send a defence to us and the court. He had until 7th June to do this. We and the court have not received his defence. Nearly 2 weeks late. What happens now? If he submits a late defence what is likely the outcome? He did tell the judge he could produce his defence in the time allowed. Thank for replies and help in advance.
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If he were to send in a late defence the court would likely accept it.
I would apply to the court for judgement using form N225 on the basis that the Defendant has not filed as ordered by the court and file it.They should enter summary judgement again and then if he applies to set aside he'll be unsucessful as he has had chance to defend the claim and chosen otherwise.
Complete each sectionCOMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
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I have written to the court to ask what happens now, but it can take about 2 weeks for a reply. Do you think I should send a N225 or wait for reply? Thanks for helpComment
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File an N225Originally posted by Panne View PostCOMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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Thank you for your advice much appreciated.
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