one defendant avoiding service of SoC
Printed From: AussieLegal
Category: Business, Commercial, Property, Contracts, IP
Forum Name: Franchises, Leases, Litigation, Trusts, Building, Debts
Printed Date: 22/April/2019 at 06:54
Topic: one defendant avoiding service of SoC
Posted By: BdaBing
Subject: one defendant avoiding service of SoC
Date Posted: 16/November/2017 at 15:50
I have a quick question on the starting point of the 28 days to lodge a defence upon being served a statement of claim.
The case has 2 defendants, a company and an individual. The Company has been served but the individual is avoiding service. We are moving to an application for substituted service for the individual but can we still request a default judgement against the company 28 days from the service on them?
Magistrates court QLD, just a touch over the dollar value for small claims pushed us over.
Posted By: Gypepski
Date Posted: 17/November/2017 at 13:13
Yes you can. The company is a separate legal entity so if the company is also liable for the debt then you can pursue the debt against the company separately.