No Defence - compelling a Defence

I just wonder if someone could explain to me what compelling a Defence is in Court Proceedings. The defendants in our building claim - 90k- have not issued a Defence despite 3 months gone by. My solicitor is getting a motion to compel them to do so. Well this work? What exactly is it? Does it hold them in contempt of Court if they don't issue a Defence. I'm not sure why they wouldn't at least try to issue a Defence.

Hi B

You are asking a huge amount of legal questions. That is fine, but it suggests to me that you are not happy with the service you are getting from your solicitor. Your solicitor should explain all this to you. There is no harm in getting a second opinion on Askaboutmoney, but if you are paying a solicitor, they should be explaining all these things to you.

Brendan

I agree with Brendan. Ask your solicitor.

As a layperson though, if the Defendant has not filed Defence, perhaps he has no money! Is defendant a company? Is this company solvent, with assets, insurance/cash and still in business? No point in throwing good money after bad!

A defence is usually the last document served in the exchange of formal pleadings.

The defendant must file a defence.

The defendant cannot delay matters by failing to file a defence.

Your solicitor is probably seeking judgment against the defendant in default of a defence being filed and that is the procedurally correct action.