Default Judgment Consideration
The client is involved in a small claims case at the County Court in a location in England. The defendant was required to refile a defense by a specified deadline but failed to do so. The client is considering whether they can request a judgment by default due to the defendant's non-compliance with the court's timeline and seeks guidance on the procedure to secure such a judgment. The focus is on ensuring compliance with civil procedure in the context of small claims proceedings.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I request a judgment by default if the defendant fails to refile their defense by the specified date?
If the defendant fails to refile their defense by the specified date, you can request a judgment by default. Under the Civil Procedure Rules (CPR) 12.3, you may apply for a default judgment if the defendant has not filed a defense within the required timeframe. Ensure you have proof of the deadline and any relevant correspondence. Note that the court may still allow the defendant to file a late defense if they provide a valid reason.
What is the procedure for requesting a default judgment in the County Court for a small claims matter?
In the County Court, to request a default judgment in a small claims matter when the defendant fails to refile their defense by the specified date, you should file an application for default judgment using the appropriate form. Ensure that you provide evidence of the defendant's failure to meet the deadline and check that all procedural requirements have been met. The court will review your application, and if satisfied, may grant the default judgment.
What steps should I take if the court does not automatically grant a default judgment after the defendant's failure to file a defense?
If the court doesn't automatically grant a default judgment, you should file an application for judgment in default using the relevant form. This involves providing a written request to the court to consider granting a default judgment due to the defendant's failure to file a defense within the specified timeframe. Ensure you include all relevant details of your claim and evidence of the defendant's failure to respond.
Are there any circumstances under which the defendant might be allowed to file a defense late, and how would that affect my request for default judgment?
The defendant may be permitted to file a late defense if they can show a "good reason" for the delay, such as illness or not receiving the claim. The court has discretion to allow a late filing under CPR Part 13 if it is in the interests of justice. If the court allows the late defense, your request for default judgment might be denied or set aside.
What happens after a default judgment is granted in a small claims case, and how can I enforce it?
Once a default judgment is granted in a small claims case, you must take steps to enforce it if the defendant does not voluntarily comply. Common enforcement methods include applying for a warrant of control or seeking a third-party debt order to claim funds directly from the defendant's bank account.
