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JimLawyer
JimLawyer, Solicitor
Category: European Law
Satisfied Customers: 5939
Experience:  Senior Associate Solicitor
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My business recently lost a small claims court case.

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My business recently lost a small claims court case.
Unfortunately the claimant lied in court and instead of requesting evidence to prove his claims the judge ruled it true and decided to enter judgement against myself.....I guess I was not loud enough in court and only answered when question when I should have butted in like the claimant did, I assumed you should not do this however.I can not afford to waste money on an appeal on the chance I don’t win especially as I couldn’t claim costs back.So in light of this I communicated with the claimant and express my wishes to pay the amount due however the business could not afford to pay in full in one go so offered a good sized payment per month.
A good few days have passed and no answer from either his legal team or himself direct, and now I just await the bailiffs, is there anything I can do as I feel they should at least acknowledge the offer.They haven’t once responded to my communications even throughout the the claim period, every time I responded with offers to settle and they never communicated.The business has assets but are either financed or owned by family (who loaned the business the money until it could pay them back). So I fear if the bailiffs come out what to do.The business has no money, it has lots of work in and coming in....I have no idea what to do

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

The best way forwards would be to send the court a completed N245 form (copy attached) with fee of £50 payable to HMCTS. This suspends enforcement and asks the court to consider payment in installments. The bailiffs are only county court ones so they cannot enter the premises unless you let them in. I recommend you send the attached form to the court as soon as possible. If there is anything else you would like to discuss please let me know.

I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim


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Customer: replied 2 days ago.
Many thanks for this. Do I still do this even though it’s against the business? Obviously my personal expenditure etc shouldn’t count (not that it matters as I don’t pay my self much).

Do I fill it out as me filling it in or the business? (Business is the defendant not me direct.m).

Many thanks

It would be against the business as the business was sued.

Thanks,
Jim