Small Claims Court Query: what happens when one party fails to show?

[ney001]

Hi there

Just wondering, if a case is struck out of small claims court because the person bringing the action didn't turn up - is that it? i.e can they bring the action again another time or did they miss their chance?

 

[susie1]

Re: Small Claims Court Query

if one side doesn't turn up and judgement is made against them.
as far as im aware the same case can't be brought up again.

 

[ney001]

Re: Small Claims Court Query

if one side doesn't turn up and judgement is made against them.
as far as im aware the same case can't be brought up again.

Susie, does the judgment go against them even though the case was struck out? - I always assumed that if a case was struck out then no decision was made either way?. Thanks for info

 

[BrenG]

Re: Small Claims Court Query

Just for what it's worth generally a case will be struck out when the plaintiff fails to appear. I take that this is the position in your case. If defendant failed to appear then judgement is usually granted to the plaintiff. Not sure of the exact situation in small claims court but generally when court date is set and you fail to make your case you cannot continue the same proceedings following a strike out.

 

[susie1]

Re: Small Claims Court Query

well i was told by the scc, that if the other party didn't turn up, the judgement would be made in my favour, a quick call to them will tell you the answer. they are very easy to deal with.

 

[RainyDay]

Re: Small Claims Court Query

well i was told by the scc, that if the other party didn't turn up, the judgement would be made in my favour, a quick call to them will tell you the answer. they are very easy to deal with.

If the defendant doesn't turn up, the judgement will go in favour of the plaintiff. If the plaintiff doesn't turn up, the case will normally be struck out. If the defendant fails to respond to the written notice of the case, judgement will normally be awarded the plaintiff without a hearing.