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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 270
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I have issued a claim, that is owed to me. There are 3

Resolved Question:

I have issued a claim, for money that is owed to me. There are 3 defendants. They are all take different stands on the claim. One is defending it totally, and has legal responded through a law firm. The other two have not responded at all, I am confused about how to respond to this. Will the judge deal with it at the same hearing?
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
sorry I clicked the ask the epert button by mistake
Expert:  propertylawyer replied 9 months ago.

Hi there

Thanks for your question. I hope I can assist you with your query.

Once the court serves the claim on the claimants they have options as to file an acknowledgement of service or a defence which must be communicated to the court within the specified time limit.

If a defendant fails to do so you can apply for judgment in default.

If you served a claim with a particulars of claim then the defendant has 14 days to respond. If you served the particulars of claim after the claim, the time limit is 14 days from service of particulars of claim. The defendant has 14 days to file a defence of acknowledgement of service. An acknowledgement of service buys the defendant 28 days during g which it must then file a defence.

you can file for judgment in default if either of the remaining defendant's fail to respond within the time limits. Default judgment means that due to their conduct the defendants are deemed to have admitted the claim.

I hope this helps.

Do let me know if you have any queries.

Please remember to accept /rate my reply.

Kind regards

Customer: replied 9 months ago.
Are you saying that if some are defending, and some are not acknowledging the judge will go to default judgement if the defendants are not 100% acting together?
Expert:  propertylawyer replied 9 months ago.

Only as to those who have failed to respond.

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 270
Experience: Property Solicitor with expertise in commercial and residential property transactions.
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