How would you handle this?

[relentless]

A friend is expecting a visit tomorrow from a court bailiff to pass order for him to vacate his property. They claim he is in trespass as an earlier order was ignored. Papers have been filed to contest this order.

What would you do when he turns up, maybe with or without police, young family in the background..

[tien an]

Does he have a copy of the papers he filed, contesting the order?
Does he have proof of postage (even better, proof of receipt)?
(If so, I hope these were filed promptly).

Make sure the bailiff has an original court order when he turns up, with a magistrate's signature (not a copy).

(I would try and argue that nothing but an original is valid).
Try and rely on the police officer as a witness if it is a copy: he's sure to be neglecting his duty if he refuses.

This is not qualified advice; it's what I can think of for the moment.

(I may be in the same position soon...).

Good luck.

tian an.

[relentless]

Thanks tian an, yes he has copy's, and tracking numbers of courier...

What is the reasoning for the original / copy of court order? Is that a requirement to make judge's order carry by a representative?

[tien an]

Thanks tian an, yes he has copy's, and tracking numbers of courier...

What is the reasoning for the original / copy of court order? Is that a requirement to make judge's order carry by a representative?

Ask the policeman...if he or one of his colleagues loses the original file on a case, there is no case.
As far as I know, the original document is the only one that counts.

(I stand ready to be corrected).

tian an.

[Ian2day]

So you can contest an eviction order? What grounds would give you the right to stay?

[tien an]

So you can contest an eviction order? What grounds would give you the right to stay?



Ian, have you read the OP?
"Papers have been filed to contest this order".

Whatever grounds will have been stated in those papers...I guess.

tian an.

[Ian2day]

Ian, have you read the OP?
"Papers have been filed to contest this order".

Whatever grounds will have been stated in those papers...I guess.

tian an.

Er yes I read it. I thought that it was self evident that an illustrated account of the specific details of the reason to contest was not required. That just a general reason such as, on medical grounds or whatever would of done.