I was way later to hand in the reply after I recieved defendant's counterclaim. luckly ,the defendant did not know that she should ask for default judgment by court . so that when I handed in my reply to court ,the casher said it is all ok to my, and then we had a settlement with court i which it failed, so that the Judge made a trial for next month. My question is ,the defendant hired a lawer ,will the lawer ask a default judgment again because I was later the reply.
we will have a trial next month
Thank you for the question. It's a good one.
I can't see the court noting you in default after your reply was filed. The lawyer would have to bring a motion that your reply be struck and you noted in default.
Which the court would hardly think is fair, since you got it filed and participated in the process.
So the lawyer could try, but it would be unlikely to succeed in my view.
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Is it a time limit for get default judgement?
11 years experience in Canada family law, plus criminal, civil, and employment
Is it a time limit to apply defalt judgement?
No, but I think what you're asking is whether there's a time limit for you to be found in default for not replying in time. There isn't. Sometimes, like in a divorce case, the respondent is served and doesn't reply in time, and the case sits around because the applicant doesn't know that a motion has to be brought to note the respondent in default. If the respondent doesn't reply in time, the applicant can seek to note the respondent in default at any time. That didn't happen to you, so you were never noted in default. I think you're fine. Ulysses
I claimed my salary and vacation pay , but I forgot to claim statue holiday pay ,can I file it again to pursue my right. My employer never paid me vacation and staue holiday pay , How many years can I chase it back
What's your next step? Trial?
I have got my salary and vacation pay back, the case was finised. afterward, I realiz that I should claim statue holiday pay as well. If I can get a positive answer from you , I will file a claim again to pursue my right. My question is , can I only claim for statue holiday pay after the case finished for more a year. Another question is , when I claim my salary and vacation pay , I only asked a year vacation, can I ask for 7 years vacation pay because I worked there for over 7 years. so that If I am going to claim the statue holiday pay , can I asked for 7 years?
You have two options that I can see. Either amend your counterclaim (which might be difficult before trial) or feel free to bring another action of your own on these other matters. You aren't forbidden from raising them at a future date in a separate suit.However, since the evidence is all related, changing your counterclaim is likely the better idea. You may want to contact the trial co-ordinator and the other lawyer to see if you can have a settlement conference before the trial, at which point you'll raise the issue of your other claims, and ask the judge for permission to file an amended reply.The more you can legitimately claim, the stronger your bargaining position will be. As to the merits of your claim, I could tell you what I think but I'm not an expert in that field, and for something as important as this you frankly shouldn't be relying on an anonymous lawyer online. See a good paralegal who has experience in litigating such cases. Ulysses