|
This raises a couple of interesting issues:
1. How did the claimant manage to get judgment without your kowledge?
2. How did he particularise the damage?
The reason I mention it is that it seems very likely that the conduct of the claimant is criminal at a couple of different levels:
(a) in falsely claiming to have served you with court process - this would have been by way of an affidavit filed in the small claims tribunal; and
(b) in falsely claiing more damage than actually occurred - this would not be just a clerical error - it would be fraudulent and an abuse of the process of the tribunal and also, in all probability the subject of a separate false sworn affidavit.
I would go to the police and make a complaint. This was a blatant attempt to abuse process, swear false oaths and defrad you.
Peter
|