Steps to follow
Judgments - Civil
- Serve a copy of either Form 2 – Claim and Form 16 – Statement of claim, or a copy of the - Minor debt claim on the defendant.
- As plaintiff, you can apply for judgment by default, using Form 25 – request for default judgment, when:
- it is 28 clear days after the date the claim and statement of claim, or minor debt claim was served on the defendant and
- a defence has not been filed.
A known amount of money:
The documents to be filed for a default judgment for a known amount of money (liquidated) are the original copies of:
The amount of money is not known:
For an amount of money that cannot be quantified (unliquidated), you are also required to file additional affidavits (Form 46) made by a qualified person or people. This will allow the registrar to assess the amount of damages.
You can apply to the court for a summary judgment, as opposed to a default judgment, once a defence has been filed.
To file an application for a summary judgment you will require the following:
The application form must state that it is for a summary judgment against the defendant.
The affidavits are sworn documents which must show your grounds for making the application.
You should file these documents with the Magistrates Court where the action was initiated. The registry will list the application for a hearing date.
The court will retain the original application and affidavit and provide you with two sealed copies.
It is your responsibility to ensure the application and affidavits are served on the defendant as both parties are expected to appear on the allocated date.
On the day of hearing of the application, you will need to bring the original affidavit of service to court showing when you served the application and affidavits on the defendant.
If you are successful with your application, you will need to file an original and two copies of the Form 58 – Judgment (UCPR).
The registry staff will provide you with a sealed copy of the judgment for your records.