What Happens if a Defendant Ignores my Claim?
The first step in initiating a lawsuit is to complete and file a claim form at the court, and pay the applicable court fee. The claimant will then need to notify the defendant by sending them a copy of their claim form. When Can I Ask the Judge to Enter Judgment By Default?
An default judgment can be requested if a defendant fails respond to a claim by acknowledging or defending it within the specified period, which is typically 14 days after the service of the form.
The claimant will then need to apply for default judgement, which may require filling out court forms and providing proof that the claim has been properly served. The court will then review the request and ensure that all procedural requirements have been met before granting default judgment. The purpose of default judgments is to allow claimants recover debts and damages without having to go through a full trial. This saves time and resources. However, all documents and service processes must be correctly handled to avoid complications or the possibility of the judgment being set aside later due to procedural errors.
Common Reasons Defendants Ignore Claims
They Did Not Receive the Claim
In many cases, defendants ignore claims simply because they’re not aware of them. It can be due to errors made in the service process where documents are not delivered to the defendant because of incorrect addresses or postal services mishandling.
Defendants that discover a default judgement against them can ask the court to annul the judgment if they can prove it was not properly served. This scenario emphasises the importance of ensuring accurate and reliable service of claim documents.
They Owe the Debt Claimed but Cannot Pay
Another common reason defendants may ignore claims is financial incapacity. In order to avoid immediate financial consequences, defendants may choose to ignore a debt that they cannot pay.
Defendants must face the claim directly, possibly by seeking legal advice on negotiating payment terms or other settlements.
Defendants mustneed to address the claim directlyhead-on, possibly by seeking legal advice on negotiating payment terms or other settlements.
Litigation Is Too Costly or Time-Consuming
Sometimes, defendants choose not to respond to claims because they perceive the litigation process as too daunting or expensive, especially in cases where legal costs outweigh the disputed amount. The prospect of a long court battle can be demoralizing for individuals and small business owners. While this strategy of non-response can temporarily avoid immediate costs, the legal claim against the company is not eliminated. It merely delays the confrontation and increases their liability for costs incurred by unreasonable delays. This strategic non-response may avoid immediate costs but it does not eliminate their legal claim. It merely delays the confrontation and increases the overall liability of the costs incurred by unreasonable delay. Need Advice? Contact Helix Law.
Legal challenges can be dauntingoverwhelming, particularly when dealing with unresponsive parties or complex legal procedures. Helix Lawspecializes in providing comprehensive legal assistance to navigate these challenges effectively. Our commercial litigation team is well-positioned to help you. Helix Law can provide you with professional advice and representation on how to handle a default judgement or any other legal matter. Our team will assist you at every step and help resolve your disputes as efficiently as possible.
