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Motion for Judgement on Default of Defence - Query

  • 22-03-2017 9:10pm
    #1
    Registered Users, Registered Users 2 Posts: 2


    Hi,

    I have a query with regards to the above for any legal eagles out there. In a civil case were the defendant has submitted appearance and then fails to submit a defence after time allowed has lapsed and 21 warning letter issued and still hasn't submitted defence, what happens next. My solicitor is not very good at answering queries I may have and is very brief when she does answer them. She has said that the motion for default will be filed and most probably the defendant will then submit defence. How many chances does the defendant get to submit defence, and my main question is, is there a time limit that this all has to be done by??? Hope this makes sense, thanks in advance for any information.


Comments

  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Mere delay isn't necessarily fatal.

    In many matters, the court needs to balance progress with justice e.g. they aren't going to 'beat up' someone who is serious ill (not all illnesses are visible).

    The problem may be more the other side, than your solicitor.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Sorry cannot give legal advice here.
    Talk to your solicitor
    But remember that while your solicitor may tell you what you need to know (s)he may not have the time nor energy to give a full tutorial on the topic
    Thread closed


This discussion has been closed.
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