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Judgement

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  • Judgement

    Due to go to court on the 8th Feb due to a garage refusing to give our money back on a faulty car. We have sent in all the paperwork we will be using in court to the defendant and the court. The defendant has not sent their paperwork to us or the court. We received a letter from court stating that we can enter judgement and all defence and counterclaims will be struck out.

    My question is, do we still need to attend court after we have entered judgement? Or does the case just go straight in our favour and the judge orders them to pay us?

    No idea how it all works!
    Thank you!
    Tags: None

  • #2
    Re: Judgement

    Originally posted by Jadevize92 View Post
    Due to go to court on the 8th Feb due to a garage refusing to give our money back on a faulty car. We have sent in all the paperwork we will be using in court to the defendant and the court. The defendant has not sent their paperwork to us or the court. We received a letter from court stating that we can enter judgement and all defence and counterclaims will be struck out.

    My question is, do we still need to attend court after we have entered judgement? Or does the case just go straight in our favour and the judge orders them to pay us?

    No idea how it all works!
    Thank you!
    Youll be requesting judgment in default, so you won't need to attend the hearing. It'll be vacated by a listing officer.

    Comment


    • #3
      Re: Judgement

      Originally posted by Jadevize92 View Post
      Due to go to court on the 8th Feb due to a garage refusing to give our money back on a faulty car. We have sent in all the paperwork we will be using in court to the defendant and the court. The defendant has not sent their paperwork to us or the court. We received a letter from court stating that we can enter judgement and all defence and counterclaims will be struck out.

      My question is, do we still need to attend court after we have entered judgement? Or does the case just go straight in our favour and the judge orders them to pay us?
      Can you be more specific about the "letter" you've received from the court which tends to make Orders (sent to both parties) not enter into correspondence.

      Has the court made an Unless Order to force disclosure of documents or something similar?

      If you've got a hearing (is it the Trial?) date then both parties would normally file and serve a WItness Statement typically 14 days before that hearing. Your hearing is listed for February.

      You've referred to a Counterclaim so the Defendant hasn't ignored everything and has possibly filed a Defence too so I'm not sure how you can "enter judgment" or have you made an application for a Summary Judgment or a strike out?

      How much is the Claim and how much is the Counterclaim?

      What happened to the faulty car you purchased and what was the basis of the Counterclaim?

      Your answers will help to decide whether or not you need to attend the hearing.

      Di

      Comment

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