Possible Outcomes of a Court Hearing
In court the judge will decide to grant one of the following:
Best case scenario
- The case is dismissed. If you have come this far it is unlikely the case will be dismissed. But this could happen if your lenders have not followed the correct legal procedures.
Your home could be repossessed but there is a chance to stop it
- The matter is adjourned until a later date, when all the information is available, so that the court can make a decision. Another court date will be decided.
- The possession order is suspended. This means that the order is granted. However, the court feels that you are likely to repay any arrears within a reasonable time. If you do not maintain the repayments towards the arrears then the lender can obtain an eviction warrant without the need for a court hearing. This means that if you are having difficulty keeping to the payments ordered by the court you should seek further advice as soon as possible.
- Possession is postponed. If you can convince the court that at a future date you will be able to pay the arrears in full and continue making normal payments, the granting of the possession order may be postponed to a later date.
Worst case scenario
- The possession order is granted. If it is clear to the court that you are unable to repay the arrears and are unlikely to do so within a reasonable period the order will be granted. The court will notify you of the period within which you must leave the property. If you continue to stay in the property after this date then steps will be taken to evict you.
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