Claimant may request the court to list the possession claim on 48 hrs notice

Sarah 13

Free Member
Mar 9, 2018
19
3
In an posession claim, had an interim order from the court, it says that in case the defendand don't file a defence by a specific date then:

- Claimant may request the court to list the possession claim on 48 hrs notice

What does this actually mean?
 
It means the court can award you possession of whatever giving the defendant 48 notice of collection. But only if they don't file a defence.
 
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It means - if the Defendant doesn't file a defence by X date, the Claimant can apply to the court to list the possession claim (for a hearing). I am not sure if the 48 hours notice is by the Claimant to the Defendant of the request for listing, or 48 hours notice to the Defendant of the hearing itself. That should be apparent from the rest of the order.

Check the other terms of the order carefully too. There may be some obligation on the Claimant to serve that order on the Defendant.
 
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It means - if the Defendant doesn't file a defence by X date, the Claimant can apply to the court to list the possession claim (for a hearing). I am not sure if the 48 hours notice is by the Claimant to the Defendant of the request for listing, or 48 hours notice to the Defendant of the hearing itself. That should be apparent from the rest of the order.

Check the other terms of the order carefully too. There may be some obligation on the Claimant to serve that order on the Defendant.

No, nothing else in the order. only:

- Costs in the case.
 
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The defendant did not file a defence.

So I have requested the court to list the possession claim. This means schedulle another hearing right?

Still confused about the 48 hrs notice...
 
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Well in that case cover both bases. Give the Def at least 48 hours notice of both the request for listing, and also of the listing itself. If, as you say, you have already applied for listing, then give Def notice of this in any case.

And yes, likely another hearing.
 
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