If a defendant fails to respond to court proceedings, a plaintiff may be entitled to obtain default judgment in the Local Court of NSW.
Default judgment may be sought where a Statement of Claim has been properly served and the defendant has failed to file a Defence within 28 days of service in NSW. This process is most commonly used in debt recovery matters, particularly where the claim is for a fixed or easily calculable amount (i.e. liquidated claim for damages).
Once the requisite period has expired, the plaintiff may apply to the Local Court to have judgment entered without the need for a hearing. If granted, the plaintiff becomes a judgment creditor and may recover the judgment debt, interest (if claimed), filing and service costs.
Default judgment does not guarantee payment. If the debt remains unpaid, enforcement action will be required, including garnishee orders or a writ for levy of property.
A defendant may apply to set aside default judgment, but must provide a reasonable explanation for the default and demonstrate an arguable defence.
Sylvania Legal and Conveyancing assists creditors with debt recovery in the Local Court of NSW, including obtaining default judgment and advising on enforcement options.
Give our accomplished team at Sylvania Legal and Conveyancing a call — we’re happy to help.
Telephone: (02) 9544 6443
Email: info@sylvanialegal.com.au
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