How do I prepare for a court hearing?

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How Do I Prepare For A Court Hearing?

Once you receive a court summons you must get advice as quickly as possible about what is happening and what you can do about it. It is important even when legal action has commenced, that you should continue to negotiate with the lender. Once the lender applies to the court for possession, the court will write to you telling you when the court hearing will be. This is called a summons. You should have at least 21 days notice of the hearing date. You will also receive a form called a 'particulars of claim', which explains why the lender wants to evict you. The court will also send you a 'defence form'. This is for you to tell the court about :your financial situation any offers to repay the arrears any other information that you think the judge needs to know, e.g. why you missed payments, It is important that you return the defence form to the court within 14 days. On reciept of a court summons the first thing to do is not to panick, and to arrange to obtain some proffessional advice, this can be obtained free from the citizens advice bureau. You should also continue speaking with the lender or the lenders solicitor, so as to show that you are actively trying to remedy the situation. The court summons will indicate the day you are required to attend courts for the hearing. With the summons there will be included a defence form, you should fill this in, explaining why you have missed payments, and also how you propose you are going to rectify the arrears. Prior to the court hearing you should ensure that all paper work and any proof of income or lump sum payments due to you are gathered. You should also document all your outgoings and incomings so as to proove any surplus you may have to pay to the lender. You can ask for an adjournment if you require additional time to gather your information, however this will be done at the court hearing. It is essential that you attend the hearing so you can explain your situation to the judge. The hearing will take place in the county court, as it is a civil matter, your lender or freeholder has to apply to the one in the area where your home is. You should arrive at the court in good time. When you arrive, you should let the court usher know that you will be attending the hearing. The usher will decide in what order the cases will be heard. As there may be a lot of cases to be heard, if you don't arrive at court on time, you could miss your hearing. The usher will call you when it is your turn and will tell you where to go. The judge will then explain what will happen during the hearing. Usually the claimant or their representative speaks first and explains why they want to repossess your home. You or your representative will be able to ask the claimant or their representative questions. After the claimant has spoken, you or your representative will have the opportunity to speak. You can tell the court why you shouldn't be evicted or why your eviction should be delayed.