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Small Claims, how long do they take.

Long story, short.

I fell out with my parents, and moved away from the area.

12 months went by and then on December 23rd last year I was issued with Small Claims Court claim from my mother (right before Christmas, nice huh). It was for 2.5k (with interest) for various things, that I considered at the time help from my parents, and dating back 3 and half years.

I submitted a defence, stating why I thought the money was never lent, but rather given.

It was transferred to our local courts at the beginning of Feb, this year and now, 9 months after the original claim (almost 8 since the transfer) it is still sat in the online system as Defence.

I don't want to get complacent, but I also don't want this to be hanging over our family coming up to Christmas again.

Does anyone know if this amount of time is normal?

Comments

  • Arleen
    Arleen Posts: 1,164 Forumite
    1,000 Posts Combo Breaker
    Give your local court a call and ask what is the hang up, as that seems a bit long to wait.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi

    I agree with Arleen that 9 months seems far too long so the court should be able to let you know what is happening.

    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Ok, thank you for the replies. You confirmed my suspicion that things are taking too long.

    I could call the courts, but I am worried about kicking the hornet's nest. I guess in my ideal world I was hoping that it was a good sign. May as well just find out exactly what is going on.
  • Arleen
    Arleen Posts: 1,164 Forumite
    1,000 Posts Combo Breaker
    Well, you have two choices, either get the ball rolling and be done with it, and small claims cases once rolling are usually dealt with quickly, or live with that sense of impending doom, not knowing when it will strike again.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    zintra wrote: »
    .

    I could call the courts, but I am worried about kicking the hornet's nest..




    but in your first post you say "I don't want to get complacent, but I also don't want this to be hanging over our family coming up to Christmas again"


    what DO you want?
    Save a Rachael

    buy a share in crapita
  • Is it wrong to be unsure?

    I'll sleep on it and decide tomorrow.
  • System
    System Posts: 178,364 Community Admin
    10,000 Posts Photogenic Name Dropper
    I would personally be requesting dismissal of the case after that many months.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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