Have you commenced a claim and the debtor hasn’t responded by the date specified in the notice of issue?
If so, you can ask the court to order the debtor pay you the amount claimed, including interest and costs. This is called asking for judgment in default.
Have you been named the defendant to a claim? If so, do not ignore it. If you do not reply or your response is late, the court can enter judgment against you. Once registered, a judgment will impair your credit rating.
What’s Involved: Why is it important to request judgment at the first available date?
If your debtor responds late but before you request judgment, the court will accept their defence; or
Judgment in default must be requested within 6 months otherwise your claim will be stayed. The only way to continue will be to apply to the court and pay a court fee for the stay to be lifted.
What we can do to help:
Prepare your response to a claim received
Request judgment on your behalf at the first available date to be paid forthwith (payable immediately as a lump sum) or by a fixed date in the future, or by instalments
Apply to have a stay lifted if judgment not requested within 6 months
Respond to debtors admission and any request for extra time to pay
Object to the court officers decision, within 14 days, on debtors request for extra time to pay
Arrange an advocate to attend a hearing to determine the debtor’s payment requests
What we need from you:
Copy of documents received from the claimant and the court.