How does a 'stay' work in a small claims case?
Long story short, without going into details.... though happy to if needed... I submitted a defence to a claim against me in small claims court. The claimant had to respond to my defence by a certain deadline, which they didn't, so a 'stay' has been put on the case. As it was explained to me this means the claimant has to apply to a judge to resume the case. When I spoke to the court they said an application could be put forward any time in the future, so there is no time limit.
So I have a few questions I wonder if anybody could help me with...
- Is that the case that there is no time limit for an application? I've been waiting to get some works complete until this is sorted but if they can put an application in any time this could never be concluded!
- Do judges often agree to applications to resume the claim? Or must there be extraordinary circumstances?
- If the claimant company change their trading name, or close the business and reopen under another name, can they still pursue this claim?
Thanks so much for any help you can give.
Posted Jun 26, 2017, 8:44 PM UTC
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