# Judgment in Default of Appearance/ Defence



## 091october (3 Jun 2011)

Can anyone advise as to what the above phraseology means? does it mean that the Plaintiff is entitled to judgment (i.e is a Plaintiff entitled to judgment solely on grounds that Defendant has failed to lodge relevant documentation? ) or does it merely mean that the Defendant will be forced to enter an apperance/ defence??


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## Time (3 Jun 2011)

The first one. The plaintiff is entitled to judgement where no appearance/defence is entered.


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## HIDI (6 Jul 2011)

sorry to butt in on thread, my ex partner has ignored all solictors letters regarding property dispute, he agreed verbally to sign his interest in property over to me house is in negative equity and I paying full mortgage. Solictor issued him with a summons to court notice in default of same. Just looking for some more advice on what will happen on the day, I want to take property over in my sole name and bank have agreed. My solictor advised I dont have to be present on day would it look better if I went to court on day, really nervous about it all. I have a feeling he will show up on the day with no solictor will judge sort issue if he has no solictor, or if he does show with a solictor what will happen on day. thanks for you time.


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## csirl (7 Jul 2011)

HIDI said:


> I have a feeling he will show up on the day with no solictor will judge sort issue if he has no solictor, or if he does show with a solictor what will happen on day. thanks for you time.


 
Everyone has the right to represent themselves in court, so if he turns up, then the Judge (or Master) will listen to him. 

Cases such as the one you describe usually start in the Masters Court - which takes procedural and early stage things in quick succession. All depends on what he says. If he turns up and tells the Master/Judge that he is happy to sign the house over, then a short Order will issue and that will be that. If he is contesting your claim, it wont be resolved on the day - may be put on a list for hearing at a future date and there may be a series of small appearances in court to deal with procedural stuff in preparation for the hearing.


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## HIDI (7 Jul 2011)

thank you for reply makes things abit clear, it in circuit court and solictor advised that I dont have to present, I really want to keep my home, and feel may look better if I am present on the day. But as I said also really dreading it. I think my ex wants an offer and that what he will say on the day, as I said it negative equity and I have no spare cash to pay him off, really worried judge will just order sale as it will be a battle, house for sale for two years in area not a hope in it selling, greateful for anyones thought or experience of something similiar.


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## Complainer (7 Jul 2011)

Are there any kids involved?


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## HIDI (7 Jul 2011)

hi complainer I have one child he is not the father, he has three chilldren who he has very little access to. my child lives with me full time in the property have his name down for school in the area so need resovled. I would be more than willing to sign it over to him he cant get bank to agree to my name coming off loan.I would sell tomorrow if it would sell. sent so many letters to him to try and resolve loads of texts to say he will but wouldnt forward on solictors letter to confirm he would sign interest offer. I even offered to pay this the solictor bill for him. Never wanted it to go to court.No choice as has to be resolved. Cant have it dragged on and on. I am afraid as he has contributed to mortgage for 5 years what will happen on the day will judge just order sale.


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