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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9339
Experience:  I have been practising for 30 years.
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I am completing an N244 Form and there is a question about

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 defendantdoes 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:  F E Smith replied 1 year ago.
If the application is just for an amendment to the amount that your claiming in the Small Claims Court all the details would go in box 3 and you would tick the No box in 4.Inbox 3 you would put words to the effect of, “that the amount of the claim be increased from £X to £Y.You need to also attach an amended claim form with the amendments in red.If the defendant does not submit his evidence within the 14 day time limit, you can tell the defendant that unless he does so you will apply to court for an Unless Order which is an order from the court that does literally what it says. Unless he submits the evidence within a further timescale, his claim or defence will be struck out.Can I clarify anything for you?Please do not forget to rate the service positive. It’s an important part of the process by which experts get credited.Best wishesFES
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Customer: replied 1 year ago.
Many thanks for your answer. I just wanted to clarify that with an Unless order, what is usually the further timescale and also if he does not submit evidence which should have been by today as the case is to be heard on the 18th May, is the hearing date likely to be moved or can it go ahead without having received the defendant's evidence?