How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Lawry Your Own Question
Lawry, Solicitor
Category: Law
Satisfied Customers: 193
Experience:  Expert
Type Your Law Question Here...
Lawry is online now

I filed a claim against my landlord using the Money Claim

This answer was rated:

I filed a claim against my landlord using the Money Claim Online service. On the notice of issue it says the claim was issued on 29th March 2021, and the Defendant had until 17th April 2021 to respond.
On 20th April 2021 I received a letter from the courts stating that an Acknowledgment of service had been filed. It states the defendant has a total of 28 days from the date of service of the claim to file a response.
Would that be 28 days from the 29th of March 2021 and therefore be Monday, 26 April 2021?
I have not received anything since, should I be requesting a judgement now?


My name is ***** ***** I will try and help you today.

The 28 days runs from the date of service that is deemed to be served the second day after it was posted by the court (Civil Procedure Rules 6.34).

So that is 28 days after 31st March 2021 i.e. 28th April 2021.

Since that time has passed you are able to request judgment in default of defence.

Customer: replied 7 days ago.
Could I just check as it says on the judgment form "14 days must have expired since the claim was served on the defendant(s) (the claim is considered served on the fifth day after it was issued) and a response has not been filed or served on you?
Is it wise to be so quick to ask for judgment?
He's filed everything else at the 11th hour or late
Customer: replied 7 days ago.
As an example if I ask for a judgement today and he files tomorrow (late) like he did on the acknowledgement of service, will they still make a judgement and take his defence into account, or would it go to court? This landlord has made life very difficult for a long time, I really don't want to drag it out so anything I can do for the judge to decide quickly would be a bonus

The 14 days refers to failure to acknowledge.

Here it is failure to file a defence

To be safe, wait a bit longer, otherwise, he may apply to have the judgement set aside.

Lawry and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you for the advice

My pleasure.

Thank you for using the service today.