2. Ask the court for an order if your employer doesn’t file a Defence
If it's been 20 days since you filed your claim and you have not gotten a Defence, you can ask the court to “note the in default” by filling out and filing Form 9B: Request to Clerk.
Being in default means that your employer didn't follow the rules because they didn't the Defence in time.
If your employer is in default, the court can then order them to pay you what you asked for in your claim.
When you file the Request to Clerk, you also need to give the court a completed Form 8A: Affidavit of Service to prove that you followed the rules about serving your employer with your claim. If you already gave the court this form, you don't have to do it again.
After you file the Request to Clerk, the court can:
- decide your claim
- order your employer to pay you the amount of your claim
But until you file a Request to Clerk, your employer can still file a Defence. They can do this even after the time limit of 20 days. So it's a good idea to file your Request to Clerk as soon as the 20 days have passed.
