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Judgement by default

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  • Judgement by default

    Where a Moneyclaims online judgement by default is issued, does the defendant have 14 days to then pay or can immediate enforcement commence?
    Tags: None

  • #2
    Depends what the judge ordered

    Comment


    • #3
      deleted
      Last edited by EnglandPi; 17th August 2021, 08:49:AM.

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      • #4
        Hello, my perspective was being a claimant, and the default judgement is automatic where no reply was made by the defendant, can the claimant immediately enforce or is there a statutory 14 days?

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        • #5
          Have you applied for a default judgment? (CPR15.3)

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          • #6
            Yes, and received

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            • #7
              Once the judgment has been received, then assuming that the judgment debt is not paid within the terms stipulated within the judgment, enforcement can proceed

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              • #8
                Attached is the judgement appreciate heavily redacted but the main line is judgement with no time limit to pay?
                Attached Files

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                • #9
                  It is for the creditor to enforce when he wants to within 6 years.

                  In a recent case of a default judgment, a friend wrote to the debtor giving him 14 days or face enforcement with the extra costs that involved.

                  As your judgment was obtained 8th April no reason to delay enforcement any longer

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                  • #10
                    I think the question is along the lines of - how long should I wait before enforcing judgement after obtaining judgement by default?

                    If the defendant is asked to pay "Forthwith" rather than by a certain date, then how long can or should the claimant wait after the date of judgement to then be able to take further action, such as Third Party Debt Order, or escalating to the High Court and using HCEO / Bailiffs?

                    Comment


                    • #11
                      Hi
                      iam new so don't know if I need to ask some where else but need help with the default judgement, ie Internet and what would the total be as they have sent it back 3 time's

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                      • #12
                        Sorry should be interest

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                        • #13
                          Hi Luton Mike

                          Could you please start your own thread and give fuller details of your requirements

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                          • #14
                            Ok thank you

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