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Small claims advice please?


ChrisBC
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Hello, I was wondering if someone may be able to help me? I have started a 'small claims' action, there are 2 defendants but only 1 has responded (ie. intends to defend the action), the 14 days are up tomorrow. Can I request a judgment against the 1 that hasnt responded (this is the main defendant)

 

Any advice would be really welcome because I cant find the answer to this on the MCOL site.

 

Thanks

 

Chris

 

:confused:

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Guest Jason King

As one has replied to defend then I 'd just proceed to a hearing anyway. The judge will be aware only one defence has been filed and you could ask the judge for his directions concerning the absent defendant.

 

I personally wouldn't apply for judgment for the one because they will only no doubt apply for a set aside in the future and everything goes back to the beginning.

 

A default judgment is quite useless, it can almost always be set aside for seemingly any excuse.

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