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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10782
Experience:  Barrister 17 years experience
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I filed a money claim against a company owning me money, however

Resolved Question:

I filed a money claim against a company owning me money, however i was unable to attend the proceeding as i needed to be out of the country, I filed an application for adjornments explaining that i will be out of the country on the appointed date. However Upon my return, i found out that the judge had struck out the case.
Its now been 2months since my return, what can I do to claim my money from the company. do i file another case or seek to reverse the decision - as its been 2months since i came back, what can i do?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.
1. If you are within the statutory time limit for taking the money claim, then I suggest you simply file a fresh claim. However, if you are no longer within time for taking the proceedings, it will be necessary to go back and get the original proceedings reinstated. Here, it is complicated by the fact that the 21 day appeal period has now expired. So you would need to seek leave to appeal out of time. In those circumstances, you are best off starting a fresh claim and this time ensuring that if the matter comes to hearing, be sure you are able to attend or get someone else to attend on your behalf. Don't rely upon filing an application for an adjournment.
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