Confusion over when I can apply for defauly judgement?
Discussion
Okay - sorry if I am being thick here. In fact I am being thick.
I issued a claim on the 12th September. I got an acknowledgement on the 14th day. When can I apply for judgement? I'm not sure if I count the 12th as one of the days, and whether I have to wait for the whole day on the 28th day, meaning I can't apply for it until the 29th day...
I know I need to add 5 days for service. Taking me to the 17th.
So counting from the 17th day (including it), tomorrow will be the 28th day. So can I apply at 9am tomorrow?
Again apologies for the really boring question.
I issued a claim on the 12th September. I got an acknowledgement on the 14th day. When can I apply for judgement? I'm not sure if I count the 12th as one of the days, and whether I have to wait for the whole day on the 28th day, meaning I can't apply for it until the 29th day...
I know I need to add 5 days for service. Taking me to the 17th.
So counting from the 17th day (including it), tomorrow will be the 28th day. So can I apply at 9am tomorrow?
Again apologies for the really boring question.
JustinP1 said:
There's 28 days to file a defence from service.
Service date is on the docs.
MCOL or bulk processing centre?
MCOL. So so do you have to wait 28 days? Or can you claim on the 28th day? Also when does the first day start? I mean if I put it in on the 12th, does the 17th day count as the first day we are counting from or the 18th? Service date is on the docs.
MCOL or bulk processing centre?
Sorry - I'm just trying to get an exact date to avoid having to bother with solicitors and going through mediation.
They'll tell you what the effective date of service is.
You should have got something through the post at the same time as the Defendant. The default is the Defendant gets 14 days to file acknowledgement of service or a defence.
If they file an acknowledgment of service they get 28 days.
After that point they are in default, and whoever files first wins. If they get a defence in before your request for judgment in default it stands.
So, don't delay. I was advised to fax the form, dated the day after the final day it was due.
The problem is there is a delay in them reporting receipt. So, if a defence has been filed in the last few days you won't know. File the request for judgment anyway.
I successfully argued at a hearing that the aforementioned documents must be dealt with in the order of receipt.
You should have got something through the post at the same time as the Defendant. The default is the Defendant gets 14 days to file acknowledgement of service or a defence.
If they file an acknowledgment of service they get 28 days.
After that point they are in default, and whoever files first wins. If they get a defence in before your request for judgment in default it stands.
So, don't delay. I was advised to fax the form, dated the day after the final day it was due.
The problem is there is a delay in them reporting receipt. So, if a defence has been filed in the last few days you won't know. File the request for judgment anyway.
I successfully argued at a hearing that the aforementioned documents must be dealt with in the order of receipt.
Right... I am confused by this. And google isn't helping. This is what I can see on MCOL:
You submitted a claim on 11/09/2014 at 11:25:49
Your claim was issued on 12/09/2014
XXX Limited filed an acknowledgment of service on 30/09/2014
You submitted a judgment against XXX Limited on 16/10/2014 at 00:04:10
A bar was put in place for XXX Limited on 16/10/2014
XXX Limited filed a defence on 16/10/2014
What the hell does this bar thing mean? It also says my application for judgment is "Requested". What's going on here - I will call them tomorrow but I just wondered if anyone knows what the "bar" means.
You submitted a claim on 11/09/2014 at 11:25:49
Your claim was issued on 12/09/2014
XXX Limited filed an acknowledgment of service on 30/09/2014
You submitted a judgment against XXX Limited on 16/10/2014 at 00:04:10
A bar was put in place for XXX Limited on 16/10/2014
XXX Limited filed a defence on 16/10/2014
What the hell does this bar thing mean? It also says my application for judgment is "Requested". What's going on here - I will call them tomorrow but I just wondered if anyone knows what the "bar" means.
photosnob said:
Right... I am confused by this. And google isn't helping. This is what I can see on MCOL:
You submitted a claim on 11/09/2014 at 11:25:49
Your claim was issued on 12/09/2014
XXX Limited filed an acknowledgment of service on 30/09/2014
You submitted a judgment against XXX Limited on 16/10/2014 at 00:04:10
A bar was put in place for XXX Limited on 16/10/2014
XXX Limited filed a defence on 16/10/2014
What the hell does this bar thing mean? It also says my application for judgment is "Requested". What's going on here - I will call them tomorrow but I just wondered if anyone knows what the "bar" means.
I know this is an old thread but I'm currently experiencing almost identical situation. You submitted a claim on 11/09/2014 at 11:25:49
Your claim was issued on 12/09/2014
XXX Limited filed an acknowledgment of service on 30/09/2014
You submitted a judgment against XXX Limited on 16/10/2014 at 00:04:10
A bar was put in place for XXX Limited on 16/10/2014
XXX Limited filed a defence on 16/10/2014
What the hell does this bar thing mean? It also says my application for judgment is "Requested". What's going on here - I will call them tomorrow but I just wondered if anyone knows what the "bar" means.
Any chance you can update on what the above 'bar' means?
sim72 said:
Doesn't it just mean that because a defence has been submitted, you can't ask for a default judgement (yet)?
Well in my case no defence was filed within the time limit so I asked for a default judgement. After I asked for the default judgement the message came up identical to the one above. Basically doesn't seem to make a lot of sense. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff