AOS

[cloud7]

I believe AOS has to be served within 14 days from the Date of Serivce.
If notification was received on 15th day, I could apply for a judgment? Is that correct?
It is not a Part 8 claim or consumer goods service related claim.

For example, if Date of Service was dated on 10th August on MCOL, AOS must be recorded by 23rd August?

[R0b]

As far as I'm aware, MCOL doesn't list the deemed service date, it lists the date of issue. For claims issued via MCOL, service is deemed 5 days after the date of issue.

So if we are talking issue date being 10th August, it would be 19 days and the defendant would have until 4pm on 29 August to file an acknowledgment of service or a defence. Failing that, you could then apply for default judgment from 30th.

AOS is 14 days after the date of service, not from.

[cloud7]

So you are counting 14 days from the next day of the service. Got it.Thank you Rob.

[R0b]

Before you apply for judgment, it would be wise to check with the court to see if anything has been filed. All courts pretty much work on a backlog and if you apply for judgment but an AOS or defence has been filed before your application, you would be liable for the consequences that follow.

[cloud7]

OK, thank you very much. I'll call them.

[cloud7]

Can I double check this please?
The defendant filed AOS (defending all part of it) but I thought they also meant to send me a brief defense statement within 28 days from the service date of my claim? Or is it 28 days from the service date of detailed POC?
It has been 28 days since my claim was serviced but I don't know any details about their defense. Can this be a reason for me to request a default judgment?

[R0b]

The usual rules of MCOL are follows:

- The claim form is deemed served on the defendant 5 days from the date of issue.

- Defendant has 14 days to either file a defence (so total of 19 days from date of issue) or file an AOS.

- If an AOS is filed, the Defendant gets an additional 14 days to file a defence, a total of 33 days from date of issue.

Because the AOS is file, the Defendant has 33 days from the date of issue to file a defence. So work out 33 days and then you have your deadline date.