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Small Claim Judgment by Default with immediate payment

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Comments

  • wealdroam
    wealdroam Posts: 19,180
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Forumite
    If their changes of address mean they never received court papers, then their non-attendance is easily explained.

    In that case, they could/should apply for the judgement to be set aside.

    But until they know that a judgement has been made, that won't happen.
    Also the expense on any form of enforcement would be wasted.

    I do not feel that surprising them with enforcement officers is the way to go.

    Just to add, this point you made earlier concerns me:
    tali wrote: »
    It had changed registred address 3 times this year.This is reason they have not responded because a address change occured when i sent my claim.However , they were not aware at any stage that i was issuing any proceedings whatsoever.
    Perhaps I have totally misunderstood that, but are you really saying that the company had no opportunity to defend itself?
  • tali
    tali Posts: 709 Forumite
    edited 3 November 2013 at 2:32PM
    Well this is problem ,unbeknown tp me their address change occured few weeks before my claim.
    What i was stating was address change was not a result of my legal claim -it was simply a coincidence.
    However, one assumes they had mail forwarding?
    Judgement Default has been issued now to Trading address- i guess i as yet cannot enforce judgement.
    Is it simply a matter of allowing them extra time- or will i have to reissue?
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