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Old 27 July 2005, 05:33 PM
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Chip
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Default Legal case question.

Just got in and had a letter from a solicitor acting on my behalf.

I'm taking some little ****** to court for damaging my car 3 years ago whilst he was driving uninsured.
Solicitor is now closed but just wanted a quick answer.

He was defending his case and all was set for us to go to court.

The letter states only this.

Dear .....

I advise that default judgement has now been entered against the defendant by the court.
I shall now serve the judgement on the defendant and request a settlement cheque in satisfaction

Yours etc.....................


I take it that he's somehow not carried through his defence and will now lose his case. Am I right in assuming this??

Cheers

Chip
Old 27 July 2005, 05:58 PM
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lawson101
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Meaning of ‘default judgment’

In these Rules, ‘default judgment’ means judgment without trial where a defendant –
(a) has failed to file an acknowledgment of service; or
(b) has failed to file a defence.

Looks bad for the aforementioned ******!! lol
Old 27 July 2005, 11:09 PM
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mart360
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Originally Posted by Chip
Just got in and had a letter from a solicitor acting on my behalf.

I'm taking some little ****** to court for damaging my car 3 years ago whilst he was driving uninsured.
Solicitor is now closed but just wanted a quick answer.

He was defending his case and all was set for us to go to court.

The letter states only this.

Dear .....

I advise that default judgement has now been entered against the defendant by the court.
I shall now serve the judgement on the defendant and request a settlement cheque in satisfaction

Yours etc.....................


I take it that he's somehow not carried through his defence and will now lose his case. Am I right in assuming this??

Cheers

Chip
i had my letter tonight...

yes you are correct.... if they dont attend or file it goes in your favour...



M
Old 28 July 2005, 08:54 AM
  #4  
Harry_Boy
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Depending on circumstances, he could apply for judgment to be set aside though.....
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