Quizzes & Puzzles6 mins ago
Small Claims Court Issues
3 Answers
Hello and thanks in advance for any help I receive.
About 4 months ago I received a letter before action. I am now told that there are some court papers at the house that receives my post.
I have the following questions if someone could help:
1 Do LBA expire? The claimant waited months before initiating court action, is the LBA still "active" or does court action have to be initiated within 3 months? I have been trying to research and have found something along those lines.
2 The claimant knows I am overseas and currently ill and unable to return. I cannot even read the papers that have been sent! What can I do? I read I can ask for adjournment but at what point in the proceedings is this? I wish to defend / counterclaim but this is currently impossible!
3 If I contact the court, will they be able to email me copies of the papers? I know I have 14 days to reply but that is a crazy short amount of time when I don't have access to anything.
4 At what point is mediation offered / possible? I would much prefer not to go to court.
Any advice on how to sort out this situation would be really great. I feel I have a good case for counter claim but am just not in position to do anything at the moment! I am sick with worry that I will be taken to court and found guilty by default :(
About 4 months ago I received a letter before action. I am now told that there are some court papers at the house that receives my post.
I have the following questions if someone could help:
1 Do LBA expire? The claimant waited months before initiating court action, is the LBA still "active" or does court action have to be initiated within 3 months? I have been trying to research and have found something along those lines.
2 The claimant knows I am overseas and currently ill and unable to return. I cannot even read the papers that have been sent! What can I do? I read I can ask for adjournment but at what point in the proceedings is this? I wish to defend / counterclaim but this is currently impossible!
3 If I contact the court, will they be able to email me copies of the papers? I know I have 14 days to reply but that is a crazy short amount of time when I don't have access to anything.
4 At what point is mediation offered / possible? I would much prefer not to go to court.
Any advice on how to sort out this situation would be really great. I feel I have a good case for counter claim but am just not in position to do anything at the moment! I am sick with worry that I will be taken to court and found guilty by default :(
Answers
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Not being a small claims lawyer ...
1, No - and the claimant is on course for the day in court !
2. everyone is ill when they get a claim. You have given an address to the claimant for communication and honestly you must take steps to use it
3. contact the claimant and ask him to email / fax his claim to you
making it clear that you wish to defend the claim
I mean for gods sake why have you got a poste restante which you know doesnt work ? Here is my address for correspondence o by the way I wont answer anything you send there ....
[esp if you know you are gonna be sued]
3. Contact the court - great ! what reference are you going to use ? You need a claim number and just putting SMith v Brown MAY work but you can 't be sure that it will hit the right file
I had a judge say he would do that [ send papers to the defendant who had managed to persuade the police to issue a PIN saying I shouldnt go near her ] and in a later hearing
the judge said 'no one says that .... can I see his order ? '
and when I produced it - he just said nope ....no go
Yes mediation is offered at this point
but guess what -
you have to be available for the mediation meeting / telephone call
well that is my advice ....
which can be summed up as - stop shooting yourself in the foot for a start
1, No - and the claimant is on course for the day in court !
2. everyone is ill when they get a claim. You have given an address to the claimant for communication and honestly you must take steps to use it
3. contact the claimant and ask him to email / fax his claim to you
making it clear that you wish to defend the claim
I mean for gods sake why have you got a poste restante which you know doesnt work ? Here is my address for correspondence o by the way I wont answer anything you send there ....
[esp if you know you are gonna be sued]
3. Contact the court - great ! what reference are you going to use ? You need a claim number and just putting SMith v Brown MAY work but you can 't be sure that it will hit the right file
I had a judge say he would do that [ send papers to the defendant who had managed to persuade the police to issue a PIN saying I shouldnt go near her ] and in a later hearing
the judge said 'no one says that .... can I see his order ? '
and when I produced it - he just said nope ....no go
Yes mediation is offered at this point
but guess what -
you have to be available for the mediation meeting / telephone call
well that is my advice ....
which can be summed up as - stop shooting yourself in the foot for a start
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