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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69507
Experience:  Over 5 years in practice
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Today I was in small claims court as the defendant, the

Customer Question

Today I was in small claims court as the defendant, the claimant did not attend...sent an e mail to the court asking the judge to act on her behalf, the claim was dismissed ..can she re present the claim or is that it...this is the second time she has
tried, both times failed
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi
She could try to get the judgment set aside but it is not likely to succeed.
If she has done this before then a court would be not by sympathetic to her position not least because she seems to have given permission to carry on without her.
The only other option is for her to appeal but then she has to show grounds.
I wouldn't worry.
Can I clairfy anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69507
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
She e mailed the court and asked the judge to make a decision on her behalf,
Customer: replied 1 year ago.
Can she try again?
Expert:  Jo C. replied 1 year ago.
Well, she could. It won't get her very far but people do make applications without merit sometimes.
I cannot imagine a judge would be sympathetic.

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