ChatterBank0 min ago
Can I rely on judges comments at court hearing ?
About a year ago I was the successful claimant at a 'small claims' hearing at which the defendant failed to attend.During preceding litigation the defendant moved house without advising my solicitor of a forwarding address. My having instigated enforcement the defendant has now applied to the court to have the judgement set aside on the grounds that he was unaware that procedings had been persued against him. My solicitor,as well as the judge at the hearing advised me (verbally) that communications and court documents sent to the defendants last known address were "good service". I think the court hearing-including the judges comments- was recorded.
Can I rely on the judges comment that I had provided 'good service' thus giving me judgement, to oppose the application to have judgement set aside? Is it likely the court retain a tape of the hearing?
Many thanks in advance of any advice.
Can I rely on the judges comment that I had provided 'good service' thus giving me judgement, to oppose the application to have judgement set aside? Is it likely the court retain a tape of the hearing?
Many thanks in advance of any advice.
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.It means that your side of the work was done. The only thing you or your solicitor was to do, was to advise the defendant that you will be taking him to a small claims court on such a date and for this letter to be addressed to him at his current or last known address. The onus is not on you to know where he currently lives or whether he has moved. The judge is basically saying that you have done everything in your power to notify the defendant and you have turned up in court. The court does keep records of cases brought before them on paper and you will have a case number. Ask for the case number.
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