Considering the complexity of the legal system, it is best to get legal advice to place yourself in the best possible legal position. You will need to show that you had a reasonable reason for not responding to a statement of claim. If they do not agree to this, you will need to file an application for the judgment to be set aside. While unlikely they will agree to this, it will not hurt to ask. What responses are available for default judgments?įirstly, you can negotiate with the other party to see if they are willing to have the default judgment set aside. You may also be able to get have legal and court costs paid by the absent side. You may be able to change your mind at a later stage in some circumstances. If you desire the monetary value of the goods, you will have to attend a hearing to determine the value.

However if it is for goods, you can either claim the goods or ask for the value of the goods. If it is for debt of money, the damages awarded will be the amount that is owed. For liquidated damages, the court will generally award the amount payable under the contract. In cases of unliquidated damages, damages that are unidentifiable, the court will still hold a hearing to assess the amount of damages payable. Furthermore, they must not have filed a defence upon the matter. Yes, besides making a statement of claim, the defendant also has to have not paid their debt owed to you. Are there prerequisites for a default judgment? Often, default judgments are exercised in cases of debt recovery. Otherwise they risk having a default judgment against them. Defendants have 28 days to respond to statements of claim. What is a default judgment?Ī default judgment is when a case is decided against the defendant because they did not respond to the statement of claim. But what are they? And when can you apply for one? Find out the answers to these questions and more, by learning about them here. Perhaps you have heard about default judgments and think it would be a good idea to get one to enforce your debt.

Default judgment