What if the defendant does not respond to my claim?

If you have claimed a specified amount you must first wait until the date by which the defendant must reply to the claim has passed. After this date you can ask the court to order the defendant to pay the amount you have claimed. This is known as asking the court to "enter judgment by default".

You should do this as soon as the date by which the defendant must reply has passed, as the defendant can still reply to your claim until the court receives you request.

If the defendant's reply is late but arrives before or even the same day as your request, it will have priority.

Important – request a judgment by default within 6 months of the defendant's reply date, otherwise your claim will be stopped (known as stayed). The only way to continue your claim after this period is to apply to the court for an order to lift the stay and there may be a fee for this.

If you have claimed an unspecified amount you must first wait until the date by which the defendant must reply to the claim has passed. After this date you can ask the court to make an order in your favour against the defendant. This is known as asking the court to "enter judgment for an amount to be decided by the court".

To do this complete the bottom half of your Notice of Issue that the court sent to you when you made your claim.

Your request will be referred to a judge who will decide whether a court hearing is needed. They will also decide whether there is anything that you need to do, such as provide particular evidence, which an help the judge determine how much money you are entitled to.

Once the judge has made a decision about how much money you are entitled to, both you and the defendant will be sent an order. The order will state that you are entitled to "judgment on liability" and explain any instructions (or "directions") that the judge has given. It may also say that your claim has been given a hearing date.

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