Why would the defendant file an acknowledgment of service instead of a defence?

Filing a Form N9 (acknowledgment of service) gives the defendant extra time in which to prepare a defence. The time for filing a defence is increased from 14 to 28 days from the date of service of your particulars of claim.

If the defendant files an acknowledgment of service, but then fails to file a defence within the time allowed, you can ask the court to enter ‘judgment in default’. This means asking the court to make an order that the defendant pay you the money and costs you are claiming. The leaflet EX304 - No reply to my claim form - what should I do? - will tell you what you have to do.      As an alternative, you can file a "general denial", which is a denial of all allegations. It may be intellectually dishonest to do so if some of the allegations are, in fact, correct. By doing this, you are requiring the Plaintiff to provide all allegations of the complaint (even those pertaining to your status as a person/entity subject to suit). Doing this may incur the wrath of the court (because doubtless there are some allegations that are actually true), or get off on the wrong foot with the Plaintiff or its attorney, so proceed with caution.

Liked this question? Tell your friends about it

Related Questions

Other people asked questions on similar topics, check out the answers they received:

Asked: Treating senior parents

How to treat a senior parent that always gets angry for simple things?

Asked: What AOL software must be uninstalled to delete ...

what AOL software must be uninstalled to delete parental control ?

Asked: Parent's Unwind Page ???

What are some type of games that I could play on a facebook parenting page? what is the age,baby bump guess, and etc. Also what all do you think should be talked about for the older generation of ...

Be The First To Answer

Other people asked questions on various topics, and are still waiting for answer. Would be great if you can take a sec and answer them

More Questions

My husband, his brother and sister are on title of ...

Is this house owned by your husband, his sister and brother free and clear? If it is free and clear, then it is not going to be affected with having her house foreclosed upon. They need to sell the house and divide the proceeds among the 3 of them.

Can someone randomly file a lien just because they want to lay claim to

Hi, unfortunately she can put a "claim of interest" on your husbands property. I had that done to me about 1 1/2 years ago and we are waiting for our trial date now. Someone is only suppose to use this if they have legal grounds to do however, no proof of anything is needed to file it at your ...

Advisory Consulting Services

Advisory consulting services are very beneficial for businesses. These services provide you with great advices that help in the business growth. While rest of your in-house staff will be busy in performing various tasks, the advisory services consultants will take care of creating new objectives for ...