What are the rules for filing a default judgment?
(5) possession claims. 2.1 Rules 12.4 (1) and 12.9 (1) describe the claims in respect of which a default judgment may be obtained by filing a request in the appropriate practice form. (2) claims other than those described in rule 12.4 (1),
Can a judgment in default of an acknowledgment of service?
(1) The claimant may obtain judgment in default of an acknowledgment of service only if –. (a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and. (b) the relevant time for doing so has expired.
Can a judgment be obtained in default of Defence?
(2) Judgment in default of defence may be obtained only – (a) where an acknowledgement of service has been filed but a defence has not been filed; (b) in a counterclaim made under rule 20.4, where a defence has not been filed, and, in either case, the relevant time limit for doing so has expired.
Can a default judgment be entered by registered post?
Default judgment is not entered for summons served by registered post, unless there is an acknowledgement of receipt in terms of r 9 (13) (a). Summons must be served on the defendant or agent and ten days must have lapsed. The summons may be served at the residence of the defendant or his place of business.
Can a spouse obtain a default divorce judgment?
In some cases, a spouse can obtain a default judgment without personally serving a copy of the divorce complaint. Specifically, if the responding spouse refuses to accept service or tries to dodge a process server, a judge may allow alternative methods of service, including certified mail or publication (a notice published in the local newspaper).
When does a default judgment need to be entered?
Judgment by default is covered under r 12 of the Magistrates’ Courts Rules. There are four instances where default judgment may be entered into: The defendant has not served and filed a notice of intention to defend. The defendant failed to serve and file a notice of intention to defend timeously (see below). The defendant failed to file a plea.
Can a default divorce be used to pull a fast one?
There are some unsavory divorce lawyers who use the default process to try and pull a fast one on an unknowing spouse. They do this by intentionally serving the divorce papers on the defendant spouse in a way that all but assures he or she won’t receive the papers in time to respond.
Can a claimant enforce a judgment obtained under Part 12?
(3) A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless – (a) he has obtained a judgment for possession or delivery (whether or not obtained under this Part) against all the defendants to the claim; or (b) the court gives permission.