If the respondent does not respond to a claim notice within 28 days indicating that they intend to defend the case, the claimant can apply to the District Court clerk for a judgment in default.

Debt Claim

Debt Claim

If the respondent does not respond to a claim notice within 28 days indicating that they intend to defend the case, the claimant can apply to the District Court clerk for a judgment in default.

A judgment in default is an order for judgment made against the respondent without a court hearing.

The following document must be filed with the District Court clerk to obtina a judgment in default:

  • An affidavit or statutory declaration (Form 41.01, 41.02 or 41.03, Schedule C, as appropriate) or service of the claim notice
  • A certificate (Form 47.01, Schedule C) which may be endorsed on the affidavit of debt signed by the claimant’s solicitor or by the claimant (if acting in person) that no appearance, notice requiring particulars or defence have been received from the respondent
  • An affidavit of debt verifying the claimant’s claim