Responding to a claim

Question 2

How long does the defendant have to respond to the claim?

Answer 2

14 days from the date the particulars of claim are deemed to have been served.

Question 3

What can the claimant do if the defendant doesn’t respond within 14 days?

Answer 3

The claimant can obtain summary judgment.

Question 4

What options does the defendant have to respond?

Answer 4

1. Admit parts of or all of the claim. 2. File and serve a defence. 3. Acknowledge service and indicate intent to defend (giving an additional 14 days).

Question 5

How long can parties agree to extend the filing of the defence?

Answer 5

An additional 28 days (maximum 56 days from the deemed date of service).

Question 6

Can an admission be withdrawn?

Answer 6

Yes, with permission from the court.

Question 7

What can the claimant do after the defendant files an acknowledgment?

Answer 7

The claimant can apply for summary judgment or an interim payment.

Question 8

Can the defendant dispute the court’s jurisdiction?

Answer 8

Yes, the defendant may dispute the court’s jurisdiction when responding.

Question 9

What happens if the defendant fails to file a defence within the time limits?

Answer 9

The court may enter a default judgment against the defendant, preventing them from mounting a defence.