Once the respondent or defendant has received your claim, they must reply to it within the appropriate timeframe. If they do not respond to your claim, you can make an application for judgement without their reply. This is called judgment in default.
You must write a letter to the respondent or defendant to let them know that if they do not file their appearance or defence within twenty eight days, you will apply for judgement in default. Once the letter is sent, you must wait twenty eight days before you apply.
To apply for judgement in default you or your solicitor must submit a notice of motion for judgment in default of appearance or defence. You will need to provide proof of service of the personal injuries summons and warning letter. Please see our serving and proof of service page for more information.
There is a fee associated with submitting your notice of motion for judgment in default of appearance or defence.
- In the District Court - €25 for the notice of motion, €15 per affidavit
- In the Circuit Court - €60 for the notice of motion, €15 per affidavit
- In the High Court - €60 for the notice of motion, €20 per affidavit
You can pay at the court office counter with cash or use a debit or credit card. In the High Court you must pay at the stamping office in Dublin before you lodge your summons in the central office.
