No Response
After you serve the civil bill you must provide proof of service to the court.
The respondent has a time limit in which to reply the civil bill. The civil bill states this time limit. If you are serving the civil bill abroad, or if the County Registrar or judge has given specific instructions about timelines, you should follow those directions as required. When the respondent lets the applicant and court know that they are responding to the civil bill, it is known as entering an appearance.
If the respondent doesn't reply to the civil bill, or makes a partial reply, there are two options available:
1. No appearance entered
If the respondent has not entered an appearance within the time limit, you have to send them a reminder. This reminder is called a 14-Day Warning Letter. You need to write to the respondent to tell them they have a further fourteen days in which to enter an appearance. If they do not respond within that time, you will ask the judge to proceed with the case and make a decision in default of appearance.
You will need to keep a copy of this letter. It is very important that you keep proof of service of this letter for the court.
The respondent may contact you and ask for extra time to enter an appearance. You may send them a letter agreeing to this and state the extra time allowed. Usually people allow an extra week or two.
If the respondent does not reply by the 14-day time limit or by any extra time given, you can proceed with your case. You can complete a Notice of Motion asking the judge to make a decision in default of appearance. You will need to complete a Grounding Affidavit to support the Notice of Motion stating all facts and relevant documents for the court.
More information on Notice of Motion and Grounding Affidavit >
2. Appearance entered but no defence filed
If the respondent entered an appearance but has not filed a defence within the time limits, you have to send them a reminder. This reminder is called a 14-Day Warning Letter. You need to write to the respondent to tell them they have a further fourteen days in which to file their defence. If they do not respond by that time, you will ask the judge to proceed with the case and make a decision in default of defence.
You will need to keep a copy of this letter. It is very important that you keep proof of service of this letter for the court.
The respondent may contact you and ask for extra time to file their defence. You may give them a letter agreeing to this and state the extra time allowed. Usually people allow an extra week or two.
If the respondent does not reply by the 14-day time limit or by any extra time given, you can proceed with your case. You can complete a Notice of Motion asking the judge to make a decision in default of defence. You will need to complete a Grounding Affidavit to support the notice, stating all facts and relevant documents for the court.
More information on Notice of Motion and Grounding Affidavit >