Small Claim Judgement - How do I get my money?

tcimino

Hi, I have had a small claim judgement against a cowboy builder found in my favour and I now need to get the court to execute the warrant and collect the money. The issue is that the original warrant was 'cancelled' because the defendant originally requested to have the judgement set aside whilst he filed a defense. He subsequently failed to lodge a defense which was when the case was judge in my favour.

The bailiff office is now seemingly unclear on what to do next or how to move forward and the clerk advise I should "just send in another warrant form via email but explain that you've paid for one before and so the court should waive the fee." This seems a little guess-worky to me and so I wondered if you could advise what the proper process should be and what options I have to claim the money plus costs, as per the judgement.

I should also add that I've done as they asked and sent in the warrant form again but heard nothing for over 2 weeks. Their number never answers (Aldershot County Court).

Citizens advice and Money Claim Online can offer no advise whatsoever now that it's with the court so I have no other body that I can think of that could advise me. The claim is only for £700 so I'm loathed to pay for legal advice.

Any advice would be very much appreciated!

Thanks.

Tony

DoaM

Is this a Praise, a Vent or a Warning? If none of these then you've posted in the wrong board.

Are you able to physically visit the court and speak with the court clerk?

missile

The issue is that the original warrant was 'cancelled' because the defendant originally requested to have the judgement set aside whilst he filed a defence.

I did not think it was possible to file a defence, after a warrant had been issued?