How to amend a small claim?
If you wish to amend a claim that has already been filed, first of all you will need to complete and file a form N244 – Application notice.
You must provide 3 copies of amended particulars of claim together with a form N244.
How to format initial and amended particulars of claim:
Writing witness statement
Format, body and heading of witness statement is described in details in Practice Direction CPR 32 paragraph 17-20.
Set aside judgement
What is set aside small claim judgment? It is procedure of removal issued county court judgment (commonly referred to as a CCJ) when:
- defendant fail to attend hearing
- wasn’t aware about small claim case.
Default judgment may be issued if defendant fail to reply within 14/28 days and didn’t contact with court or claimant. As soon as defendant is aware about entering default CCJ he could ask court to remove judgment on basis that party haven't been able to defend himself.
CCJ and credit score
Any CCJ issued against person is entered in Register of Judgment, Orders and Fine. Generally, credit reference agency such as Call Credit Check, Equifax plc and similar keep information about all judgments against persons.
Even if you pay money by your judgment it could seriously affect credit rating and impact on ability to get a loans, credit card, mortgages and credit interest’s rate.
Default judgment
Appeal small claim judgment
Parties could appeal small claim judgment just in case if:
- have evidences that CCJ is wrong
- small claim process wasn’t followed properly
Parties couldn’t appeal based only on their thought or feeling. There must be solid evidence and fact here.
It is necessary to get permission to appeal to appeal a small claim judgment.
Getting financial information about debtors
Attachment of earnings
Attachment of earnings is the type of execution order that allow bailiff to collect a debt out of the salary. Outside UK this type of order is known as a wage garnishment.
Court may issue the attachment of earning if debtor is employed individual, who doesn’t work at army, air force, navy and merchant navy service(merchant seaman).
Before applying for attachment of earning creditor should figure out whether debtor is employed, where he or she works and salary.
Warrant of Control
Warrant of control is also known as warrant of execution give legal power to the bailiff to seize debtor’s good and sell it to cover owed amount.
Before applying for warrant of execution claimant should ascertain that debtor has goods which cost may cover a debt amount and location of these goods. Also, claimant or judgment creditor could request a court order for oral examination of debtors and getting his financial information.