Is there a Default Judgment made against you?
A “Plaintiff” is the person who has a claim against another person and initiates a civil lawsuit in Court with regards to that claim.
A “Respondent” is the person against whom the claim exists and is the one who is to respond to the lawsuit.
A Plaintiff can apply for a Default Judgment against a Respondent, when the Respondent fails to file an appearance or a Defence within the time prescribed by the relevant rules. The time limit is often 28 days after the Statement of Claim was served by the Defendant. If the Defendant has not responded in this time, the Plaintiff can apply for a Default Judgment. The Plaintiff has 9 months to apply for a Default Judgment, after which the court will just dismiss the case, because nothing has been done.
If you have been served with a Default Judgment by the Sheriff of the court, you can proceed to ask the court to set aside the judgement. Setting aside a Default Judgment means it will be cancelled and the Defendant will be given extra time to file a Defence. The court will set aside a judgment, provided it is satisfied hat:
- The Defendant had sufficient reason for not lodging the Defence within the time limit or failure to appear in Court;
- That you do in fact have an arguable and genuine Defence; and
- Any other reason sufficient for the court to reopen the Proceedings.
Even if the proceedings are reopened, you might be asked by the Court to pay Plaintiff’s Costs, especially if you do not have an arguable Defence.
If you have a Default Judgment made against you or if you are unsure whether you have a valid Defence against the claim filed by the Plaintiff, we would highly recommend that you obtain independent legal advice.
Our team at Freedman & Gopalan Solicitors is here to assist and guide you through these tough times. Please do not hesitate to contact us on 02 8917 8700 to speak with our lawyers, or feel free to leave an enquiry via email, and we will be in touch as soon as possible.