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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Requesting judgement by default-how soon can I do this 23/02/2015Claim

Resolved Question:

Requesting judgement by default-how soon can I do this
23/02/2015Claim StatusIssued. Defendants have filed an acknowledge of service.
Can I request judgement by default MCOL now? 28 days after issue date?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Based on what you say I belive I am right to understand that your claim was issued by the court on 23 February and the defendant has since filed an acknowledgement of service. Do I understand all that correctly.

Customer: Yes
Customer: That is correct
Joshua :

Thanks.

Joshua :

There are two components to work out when you can request default judgement.

Joshua :

The first is to work out the date the claim form was deemed served as this is not the date it was issued. the court sends the claim form by first class post and the civil procedure rules provide that document sent by first-class are deemed served the next business day.

Joshua :

if the defendant has filed an acknowledgement of claim then they have a full 28 days from the date of service to file a defence. So you can seek default judgement on the 29th day after the document was deemed served.

Joshua :

So based on my calculations you can request default judgment next Wednesay (25th) onwards

Customer: Ok claim was issued via MCOL on23rd of feb
Joshua :

Sorry I think our posts crossed. By my calculations you can request default judgment next Wednesay (25th March) onwards

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer: Excellent thank you
Joshua :

A plesaure. Good luck with your claim.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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