How long for small claims court hearing date ?

Skag

I've opened a case back in July, claiming 10k from a tradesman. 

I didn't opt in for mediation as I am not willing to compromise on the amount. 

To this date I've received no correspondence from justice.gov for a hearing date. I even sent them an email, but got no answer back. 

How long does it take for the hearing to take place usually?

macman

It will depend on the backlog at the court you have opted to have hear it. Why don't you speak to the Clerk and ask if they can give you some idea?

Skag

macman said:

It will depend on the backlog at the court you have opted to have hear it. Why don't you speak to the Clerk and ask if they can give you some idea?

I wasn't assigned a court yet, therefore I don't have a clerk contact.

Jenni_D

Assuming this is in England/Wales you should have a CCBC login that was generated when you filed the claim ... what does the filing history show for your claim? If the claim has been issued and the other party has failed to file a defence then you may be able to file for a default judgment and warrant of control/elevate to High Court Enforcement Offices.

(Court allocation won't happen until the N180 defence questionnaires have been issued and filed).

Skag

Jenni_D said:

Assuming this is in England/Wales you should have a CCBC login that was generated when you filed the claim ... what does the filing history show for your claim? If the claim has been issued and the other party has failed to file a defence then you may be able to file for a default judgment and warrant of control/elevate to High Court Enforcement Offices.

(Court allocation won't happen until the N180 defence questionnaires have been issued and filed).

It is England.

The other party has asked for an extension and eventually filed a defence which I rejected. That was on 12th Sept.

I've rejected mediation, however in the dashboard it shows:

You’ve rejected the defendant’s response

You’ve both agreed to try mediation. Your mediation appointment will be arranged within 28 days.

I received the "rejected mediation by the claimant" email on the 23th Sept.

Jenni_D

It seems that courts are trying to force mediation sessions - ostensibly to reduce the burden on the courts, but it actually increases the burden as not many cases (probably) settle at mediation.

Other than mediation, nothing further will happen until the CCBC sends out N180 DQs, so it's just a waiting game. Periodically check your filing history, and when that says DQ issued you can download one from the website, complete it and email it back to CCBC (and maybe Cc to the defendant).

Skag

Jenni_D said:

It seems that courts are trying to force mediation sessions - ostensibly to reduce the burden on the courts, but it actually increases the burden as not many cases (probably) settle at mediation.

Other than mediation, nothing further will happen until the CCBC sends out N180 DQs, so it's just a waiting game. Periodically check your filing history, and when that says DQ issued you can download one from the website, complete it and email it back to CCBC (and maybe Cc to the defendant).

Indeed, there were a few questions like "are you sure you don't want to try this free service?" for mediation before it took you to the trial option.

So essentially no one knows for how long I'll have to wait, but I'll receive some correspondence at some point.