Question: - I HAVE VEEN ISSUED WITH A StATEMENT OF CLAIM AND HAVE TRIED TO MAKE AN ARRANGEMENT TO PAY WITH THE CREDIT CARD PROVIDER BUT THEY ARE REFUSING I KNOW I HAE TO RESPOND WITHIN 28 DAYS BUT IF I LODGE AN APPLICATION TO PAY BY INSTALLMENTS BUT DOES THIS MEAN THAT JUDGEMENT WILL BE ENTERED AGAINST ME
Question: - CAN YOU EXPLAIN WHAT A NOTICE TO PLEAD FACTS MEANS AND COULD IT ASSIST ME WITH MY STATEMENT OF CLAIM THAT HAS BEEN ISSUED AGAINST ME
Answer from Dominique:- You can only file an application to pay by instalments if judgment has been entered against you.
If you file a Defence within the 28 days then they can’t get a default judgment – it goes to a hearing (if you lose though you end up having to pay all their legal costs etc.
Do you have a defence? Otherwise you can consent to judgment and then file an application to pay by instalments. I don’t know your facts to advise but go to the Court Registry and ask to see the Chamber Magistrate who will help you about which documents to file.
You should also be looking at asset protection now so they can’t put a writ on the title to any properties you have or garnishee your wages etc.
PS – how were you served? It must be personal service, if it was posted to you or left at your door then do nothing. They won’t be able to get judgment unless a process server has handed the statement of claim to you.
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