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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48210
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am completing an N244 Form and there is a question about "Have you attached a draft

Resolved Question:

I am completing an N244 Form and there is a question about "Have you attached a draft of the order you are applying for? I do not understand what this means. This relates to an amendment to the amount that I am issuing for a small claim to a defendant. I also wondered what happens if the defendant does not send his/her evidence within the 14 day time limit set by the Court before the hearing?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Please can you tell me what the claim is for and who the defendant is?
Customer: replied 1 year ago.
My claim is for money owed by an ex-boyfriend. I lent him £7000 in 2011 and he has failed to pay back. the hearing date for the claim is the 18th May.
Customer: replied 1 year ago.
I am okay to type on here. Thank you.
Customer: replied 1 year ago.
Sorry I just wanted to check whether the answer sent at 4.48 is the final answer to this question?
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. That specific question asks whether you have provided the court with the wording of the order you are seeking. For example, if you were represented it is likely that your legal adviser would have drafted a short order with the exact legal wording to help the court in the process – it means that the court will simply have to check over the order and ensure it is correct, before rubberstamping it. However, this is not a legal requirement, the court can draft the order itself and issue it once it has considered the application. So if you are unsure of the exact wording of the order then you do not have to include, it is a helpful thing to include but not a requirement. As to the defendant’s response, if they do not submit their evidence as instructed by the court then you can highlight this omission to the court and ask them to consider sanctions against the other party, although if there is a reasonable explanation for the delay, they could be allowed to submit it late. If there is no response at all and there is no evidence exchanged in time for the hearing date the court can either issue judgment in default (i.e. automatically awarding you the claim) or postpone the hearing. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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