You need to file a motion for judgement in the masters court. The master will most likely allow more time for the defendant to make an appearance if the defendant responds to the motion.
Is the defendant a person or company?
John joe is this going to be a regular thing with you on this site?
Running your case from an internet forum by asking strangers for what essentially should be professional legal advice?
Dangerous move.
Yes. I am here looking for advice. After all is called 'Ask about Law'. So if you dont have any positive add to my thread then don't bother posting!!
John Joe, if you choose to post on a public forum, then you have to accept other posters rights to post within the forum guidelines.... So if you dont have any positive add to my thread then don't bother posting!!
John Joe, if you choose to post on a public forum, then you have to accept other posters rights to post within the forum guidelines.
BTW its not "your" thread - its a thread you started, and the reservations posted by McCrack have already been voiced by others, myself included.
If you don't find the responses helpful or positive, then you have other options as pointed out previously.
Thanks for the suggestion, but the Law Society might have something to say to me if I followed it.... I suggest you ... concentrate on acting as a solicitor for your clients ...
Nah, I like it here and I'll stick around until the mods ban me or my broadband payments bounce.... and stop coming on here to give off about lay litigants looking for advice!!
Perhaps you could send the defendant an Affidavit of Verification with that Motion
Thread closed.
Thank you for your postive reply. But as it turns out under order 13 Paragragh 9 of the Superior court rules. I can proceed to run a trial without these defendants as there are several other defendants in the case.
"9. Where there are several defendants to such a plenary summons as is mentioned in rule 6 and one or more of such defendants appear to such summons, and another or others of them fail to appear, the plaintiff may proceed under the said rule against the defendant or defendants so failing to appear and the application for judgement thereunder shall be heard and the damages (if any) to which the plaintiff may be entitled ascertained, as against such defendant or defendants, at the same time as the trial of the proceeding or issue therein against the other defendant or defendants, unless the Court shall otherwise direct."
Thread closed.
I think I have in the past volunteered some advice to the OP. It seems to me that if you are looking for legal advice online, it would be sensible to at least pretend to want to hear what practicing lawyers have to say on the topic. OP's antipathy to lawyers makes this impossible; I am reminded somewhat of the old saw that there are three ways to get a thing done: do it yourself, pay someone to do it or tell your kids not to do it.
It seems that any thing I or any other lawyer might say to the OP seems to produce the exact opposite of the intended effect; Nevertheless, I wish him luck.