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How long for court hearing after judgment issued?
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How long for court hearing after judgment issued?

I obtained judgment in a small claims court as the defendant failed to respond. He then settled 85% of my claim and has now applied to the court to have judgement set aside as they state they ran out of time to confirm my claim. They still owe me money. Case was transferred to their local court end of March. I ring local court and they tell me it is with district judge and they will be back to me in due course - how long is due course>???? I have objected to their application - they dont want the CCJ. But I do want the rest of my money. They have said if I drop the claim I can have part of the balance owed. The balance they owe me is court costs, a counterclaim which they have already claimed on a tribunal case and in addition they made a deduction for NIC which was incorrect. So a substantial balance still owed.







on thin ice
I do not disagree with anything the contributor Stephen has said but as I read you question. You have obtained judgement, by the defendants default, then as a result of the defendant being told judgement had been made in your favour they have paid up 85% of your claim. It also seems that the stigma of the county court judgement being registered against them has made them appreciate the seriousness of their position and that is hurting their reputation more than paying you. They can off course once the debt has been paid ask for the satisfaction of it be eneterd but it's existence will warn others they don't settle up without a fight. Hence the attempts to have judgement set aside as they are gambling on several factors. They are gambling that they can persuade the judge you shouldn't have anything at all - is that realistic ? They are gambling that by paying you 85%, by the sound of it, I speculate, a substantial sum that will cover completely any new judgement made in your favour and therefore they didn't owe you anything when you appeared before the judge as you'd already got everything you were entitled to. This leaves you paying your own costs and perhaps theirs also. They are offering you a % of the remaining 15% balance, again in hard figures what does that amount to. To my mind they are dangerously close to an abuse of process in trying to get judgement set aside but in fairness none of us know what they have actually said in their offers to you. I leave you with two thoughts you should keep uppermmost in your mind. You can't get blood out of a stone and never sue for a principle, be hard nosed about it and balance the monetary implications. 85%, and more, of a loaf may be a good deal all things considered.


stephen.oneill
Once a defendant has received the particulars of claim, they have 14 days to file a defence and/or to file an acknowledgement of service. If the defendant does neither of the above, you must ask the court to enter judgement on your behalf. The Court will have sent you a Notice of Issue when you started proceedings. At the bottom of that Notice is a form entitled “Request for Judgment”. You should have filled this in and sent it to the Court. If judgement was entered against the defendant the Court will have listed the case for a hearing. If this has not happened then it is likely that you are out of time to have the judgement confirmed. That being so, the defendant will have probably made a Part 13 application to set aside or vary the judgement. You can object but there are only two grounds for doing so; (a) the defendant does not have a real prospect of successfully defending the claim; or (b) there is no other good reason why the judgment should be set aside or varied. In considering whether to set aside or vary a judgment, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly. You should seek to have the claim struck out as an abuse of process and/or make an application to abridge time for confirming the original judgement entered by default. If you do not make an application in these terms the case will be listed for a directions hearing in the defendants home court automatically. If you did return the form to the court and it was simply not registered then you should seek to join the court manager as a part 20 defendant to the application to set aside and counterclaim against the court for negligence. if you want to settle out of court then you could agree to a consent order in amicable terms. Do not agree to abandon the claim other than by a consent order (which has to be approved by the court) as if you do not get your money you can sue for breach of contract and the defendant will commit a contempt. The defendant should agree to pay your costs.







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