Default Judgment Notes

DEFAULT JUDGMENT Claimant can enter Default Judgment if: * Defendant has not filed acknowledgement/defence within 14 days of deemed service of Particulars of Claim, or * Defendant has not filed defence within 28 days (if filed acknowledgement) Unless extension agreed/ordered - not until after later date. If Claimant does not seek Default Judgment - claim will be stayed 6 months after date for filing acknowledgement/defence. Cannot get Default Judgment for: * delivery of goods subject to Consumer Credit Act, * provisional damages * claims in specialised procedures which do not require defence/acknowledgement Entering Default Judgment (money claims / delivery of goods) Claimant returns request to court asking for Default Judgment to be entered - no consideration of merits of case. Claimant receives "notice of issue" when claim issued - * ticks box, * enters amount sought: damages/debt + interest + fixed costs * request payment immediately or by instalments Sign, date and Return to Court Non-money claims Default Judgment must be applied for Hearing before a Master, Default Judgment or other Judge Applying for Default Judgment All non-money claims and claims where: * claim-form served out of Jurisdiction without permission * Defendant is a child/protected party # Claimant must apply for appointment of litigation friend before applying for Default Judgment * Claim includes costs other than fixed costs * Claim by one spouse against another in tort * Claim seeks delivery and does not allow alternative of Defendant paying their 

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