Defence not filed

[NOCAB]

Hi, I am the claimant in a small claims case and to date have not had the defence and it is now past the 28 day cutoff. The defendant has said he posted it 1st class (not tracked) and has filed at the court but I haven't received anything. Can I request judgement?

[ostell]

If he has filed a defence with the court then the court would have forwarded a copy to you. Check that the court has actually received it, they could be (probably are) behind with the paperwork. Has he actually acknowledged the claim?

He could, however, be talking rubbish so get your request for default judgment in. It may not be tracked but did he get a certificate of postage for the alleged sending of the defence?