Acknowledgment of Claim

Question 1

5 Rules of counting days

Answer 1

1. Days are always clear days i.e. event not included.
2. The day in which the period begins is never included i.e. day zero
3. Period ends in relation to a specified event – day of the event doesn’t count i.e. day zero.
4. Where the period is 5 days or less, weekends and BH do not count.
5. Where the period ends on a day when the court is closed, the act is treated as on time if done on the next day in which the court is open.

Question 2

What is the effect of failure to respond to the particulars of claim?

Answer 2

Judgment on default

Question 3

When is an acknowledgment appropriate?

Answer 3

1. Extension required before filing the defence.
2. Defendant intends to contest jurisdiction.

Question 4

Effect of acknowledgment of claim on service of the defence

Answer 4

Extends the period for filing: 14 days deadline for acknowledging + 14 additional days for the defence = 28 days from DDS of POC.

Question 5

Additional extensions for service of defence

Answer 5

Aside from 28 days from DDS of POC after acknowledging the claim, the parties can agree up to 28 days extension (total 56 days without court leave). Where the claimant refuses or more time is required, the defendant will need to apply to court for an extension.

Question 5

Additional extensions for service of defence

Answer 5

Aside from 28 days from DDS of POC after acknowledging the claim, the parties can agree up to 28 days extension. Where the claimant refuses or more time is required, the defendant will need to apply to court for an extension.

Note – if an extension is agreed between the parties the court must be notified in writing.

Question 6

When to acknowledge service

Answer 6

1. Where the defendant is served with a claim form stating that the POC are to follow, 14 days after DDS of the POC.
2. In any other case, 14 days from DDS of CF.

Question 7

Effect of claimant applying for summary judgment before a defence is served

Answer 7

D need not file a defence until the hearing has taken place.

Question 8

Deadline to pay for a judgment debt

Answer 8

14 days unless agreed otherwise.

Question 9

‘Money paid’ response/defence

Answer 9

Where D is served with a claim for a specified amount but has already paid C before receiving the claim.

Procedure:
1. Court sends notice to C asking if the defence is correct;
2. C must respond within 28 days (claim stayed otherwise);
3. C must send a copy in response to D;
4. If C decides to continue, the claim proceeds as a defended claim.

Question 10

Admitting a specified claim

Answer 10

Judgment can be entered for the debt, interest, court fees/fixed costs and the claim will be concluded. The exact amount can be calculated immediately.

Note – interest is paid up to the date of payment. If the claim is fully admitted and paid in time it is unlikely that judgment will be entered into a public register.

Question 11

Admitting an unspecified claim

Answer 11

judgement is entered for liability and a subsequent hearing will determine quantum.

Note – C has the right to accept any payment from D unless a child or vulnerable person.

Question 12

Admitting a specified claim in part

Answer 12

judgement entered in part but D must file a defence in relation to the remainder of the claim.

Question 13

How does the defendant admit a claim (procedure)?

Question 14

Failure to admit something

Answer 14

Must be proved

Question 15

How to enter judgment following a claim being admitted – process by C

Answer 15

1. C files paperwork at court and completes a request for judgment and replied to admission form within 14 days of receiving the admission.