Noting in default. Can the other side just fix it later?
Want to check my understanding before I build a page on it. I think being noted in default is serious but not final, and that a defendant can ask to be let back in. Right?
6 replies
Right on both counts. It is a real consequence and it is not the end of the matter.
Best answer
Correct, and what the court weighs is the examinable part, so put that on the page rather than the bare answer.
Did they move quickly once they knew. Is there an explanation for missing the deadline that is not simply indifference. Is there a defence worth hearing. And would letting them back in now cost the other side something that cannot be put right.
Nobody of those is decisive alone. A fact pattern will hand you three of the four and leave one obviously missing, and the missing one is the answer.
four things to weigh, one deliberately absent. that is a much better page than what I was about to write.
does noting in default and default judgment mean the same thing here or are those two stages
Two stages and keeping them apart matters. Being noted is the registrar recording that nothing was delivered. A judgment is somebody then getting an order out of it. You can be noted without a judgment yet existing, and the route back differs depending on which has happened.
oh I definitely had those as one thing
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