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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32826
Experience:  Over 25 years experience in law
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I am a claimant and I had a court hearing

Customer Question

Hi, My name is LA,
I am a claimant and I had a court hearing last week the defendant set aside judgment reason was defendant said that they have not received the claim form which I have received a letter from the court saying that the your claim was issued on the 16/03/2015 and the court sent it to the defendant by first class post on the 16/03/15. The defendant did not defend my claim and then I applied for judgment in default on the 14/04/2015 and received the letter from the court saying the judgment was entered against the defendant on the 15/04/2015. The defendant did not respond to the judgment in default within 14 days or 21 days. Then I requested warrant on the on 16/05/15 and received a letter from the court saying that the execution sent to court r the defendant home Town. Then on the 25/06/2015 I received Notice of Transfer of Proceedings. This claim has been transferred to the County Count at near my home Town for the court to deal with the defendant's application for setting the judgment aside. The defendant made application on the 02/06/2015 saying, To have the judgment set aside, as no summons was received and we only became aware of this judgment up receipt of the judgment in default.
I had court hearing last week and the defendant did not turned up at the hearing. The judge made order at the hearing that I can release the bailiff.
I received a letter from the court and the judge saying upon hearing the claimant in person and defendant not attending.
IT ORDERED THAT
Defendant's application dismissed.
I don't understand, what is my next step as claimant?
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
On the basis that the defendant's application is dismissed you are entitled once more to attempt to enforce your judgment against the defendant. That is what the court ordered. Happy to discuss. Please rate positive
Customer: replied 1 year ago.

Thank you. What form do I have to file. I have request a I requested warrant on the on 16/05/15 can I ask the judge to release the bailiff?

Expert:  Thomas Judge replied 1 year ago.
I would simply phone the court tomorrow and seek for the bailiff to go around because you have done all of the paperwork. Please rate positive
Customer: replied 1 year ago.

But the judge did not order in the letter release the bailiff?

Expert:  Thomas Judge replied 1 year ago.
I note that. But he does not need to - the fact is that the defendant's applications have been dismissed - there is thus nothing to stop enforcement. Please rate positive
Customer: replied 1 year ago.

I am sorry, but £47 was taking out my bank account so I am not going to rate you because you will take another £47.

Expert:  Thomas Judge replied 1 year ago.
No that doesn't happen - it just allocates a rating to me.
Customer: replied 1 year ago.
Yes ok but I still have not got answer from the judge who dealt with my case. Can we wait until I get answes? I wrote the Judge a letter to the Judge on Monday so it will take 5 day to respond. I will let you know what the Jidge said. Thanks
Expert:  Thomas Judge replied 1 year ago.
Ok but I will still be available for any additional questions so please rate

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