A default judgment is a judgment made against the defendant without having a hearing in court.
You can get a default judgment if the defendant has not done one of the following things within 28 days of being served with your Statement of Claim:
If you have not applied for a default judgment and the defendant files a Defence after the 28 days have passed, it is too late to get a default judgment. You could however ask the court, at the Pre Trial Review, to 'strike out' the Defence because it was filed late.
If the defendant has paid part of the debt since they were served with the Statement of Claim, you can get a default judgment for the amount still outstanding. If the defendant has paid the original debt, but not the interest or fees, you can get a default judgment for the amount of the interest and fees.
You should apply for a default judgment within nine months of filing the Statement of Claim. This is because the court will automatically dismiss your claim after nine months if you and/or the defendant have filed nothing further in the case.
For more information, see
Applying for default judgment - Step by step guide and
Checklist - Getting a default judgment.
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