Judgement for Claimant (in default)
Judgement for Claimant (in default)
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Rufus Stone

Original Poster:

11,755 posts

78 months

Yesterday (16:21)
quotequote all
I'm struggling with HMCS at the moment. Their 10 days to respond is more like 40!

I applied for, and obtained a default judgment, against a commercial tenant for rent arrears and costs of forfeiture of their lease. The Judgment for Claimant issued by HMCS though is addressed to the claimant not the defendant. The Judgement states in its text " You did not respond to a money claim ...." so it is clearly meant for the defendant. So I received this Judgment in the post. It does state claimant and defendant in the top right hand corner though.

I also received what I assume is meant to be the claimants copy, this was a copy of the judgment on the reverse of the page with only my address on it.

I emailed HMCS explaining all this, but after 40 days they stated the judgment is correct and closed the correspondence. I have now emailed them again asking that they look at it again.

Am I going crazy? Am I wrong? I can't see how I can pass the judgment to a bailiff to secure collection if it's addressed to me!

SydneyBridge

10,859 posts

180 months

Yesterday (17:03)
quotequote all
Claimant details should be in top left and then Defendant name on right side
Then it should say 'to the Defendant'
'You have not replied....'
'It is therefore ordered that you must pay...'

Etc

Then claimant name in bottom left, 'address for payment'

Rufus Stone

Original Poster:

11,755 posts

78 months

Yesterday (17:18)
quotequote all
Yes, that is what it looks like. So I guess it is correct. Thanks.

I have to send a copy to the defendant then.

SydneyBridge

10,859 posts

180 months

Yesterday (17:22)
quotequote all
The Court will send a copy but I would send a copy as well, just to remind them

Rufus Stone

Original Poster:

11,755 posts

78 months

Yesterday (17:27)
quotequote all
Many thanks.