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I have not started proceedings yet as the normal route of waiting 6 weeks for a county court hearing is too slow. I want advice on using summary judgement coupled with an order to send in the bailiffs to his shop to try and flush him out.
For the sake of clarification. I have a written loan agreement stating very clearly the obligations of the borrower. The borrower has broken his obligations by not repaying the loan on the specified date. The loan is now 1 month overdue. In this situation the borrower has no defence. The loan has to be repaid on the 1st April.
Where the defendant has no defence there is no need for a hearing because it is a black and white case. If the judge receives a detailed explanation of the case together with a statement of truth from the lender is there a proceedure where a summary judgement can be issued straight away?
I have just heard there are several other people who are owed money by this same person. As a result there is a bankruptcy petition to be heard against him in Medway County Court this coming Tuesday 5th May. I have attached myself as one of the creditors to the petition. Is there any way I could get a fast county court judgement before this so I could send in the baillifs to try and recover something.
Are you saying there is no quicker method available than issueing a county court claim in the normal way and then having to wait the 14 days to see if the defendant informs us of his intention to defend or not? Obviously if he does not defend I can obtain judgement by default.
My point is if it can be shown from the outset there is no defence available to the defendant because there is a time based loan and the defendant is out of time. That is all there is to it. In this case where a judge can read the loan agreement to satisfy there cannot be a defence then there is no need for a hearing. So cannot the process go straight to summary judgement?