Please give a real-life example for each of the following four choices: Defending an Action The Defendant
Question:
Please give a real-life example for each of the following four choices:
Defending an Action The Defendant has FOUR choices:
1. Do Nothing. If a defendant ignores the claim for 20 days (30 days if served outside Alberta), then Defendant will lose the lawsuit. The plaintiff can obtain a default judgment.
2. Negotiate a Settlement. The defendant can try to negotiate with the plaintiff. If an agreement is reached, the plaintiff should notify the court and file a notice of withdrawal.
3. Pay the Claim. The defendant can pay the claim and costs to the plaintiff or into court, obtaining a receipt. No court appearance will be required.
4. Defend the Action. The defendant can deliver a Dispute Note to the Clerk's office (in person or by mail) within 20 (or 30) days of being served with the civil claim. The claim will then be dealt with by Mediation, Pre-Trial Conference or finally decided at Trial. If a dispute note is filed, it should contain any counterclaims against the plaintiff, denials, defences, or different versions of fact upon which the defendant intends to rely.
Fundamentals of Law Office Management
ISBN: 978-1133280842
5th edition
Authors: Pamela Everett Nollkamper