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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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FAO Alex Watts . I am writing on behalf of the claimant.

Resolved Question:

FAO Alex Watts
Hello. I am writing on behalf of the claimant. A judgement was made in favour of the Claimant. On the defendant being served with papers to attend court for questioning regarding his finances, the defendant managed to have this judgement set aside based on the fact that he claimed he was not in receipt of the necessary documents required from the Claimant and therefore had not been given the opportunity to defend himself. This was not correct and I can prove this but at the time I just accepted what the judge said but believe in hind sight that I should have been more vocal. Anyway the outcome was for me to re-serve papers to the defendants current address. I did my bit, but the defendant wrote to the court advising that he had not received any information from the claimant and could therefore not file a defence and comply with the timescales of the court order. On finding this out I reserved papers and wrote to the court providing proof of delivery and the defendants signature of receipt. Subsequently the Court has issued another order that the defendant must file a defence by 1st Sept in readiness for a court hearing on 4th Sept, where the judge will consider matters.
So my question is, should the defendant again fail to produce a written defence to claim can I ask at this hearing for the judge to consider re-instating the original judgement in favour of the claimant and therefore also re-instate the requirement for the defendant to attend court for questioning regarding financial standing?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Yes. At that hearing you can ask for Judgment to be entered again and ask that he be directed to attend an order to obtain information.
Can I clarify anything for you about this today please?
Alex
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex