5. What happens if the Acknowledgment of Service is filed late?

5. What happens if the Acknowledgment of Service is filed late?

A defendant may still file an Acknowledgment of Service (“AoS”) late, provided default judgment has not yet been entered. If the Registry receives the AoS before default judgment is entered, any default judgment entered afterwards will be irregular and liable to be set aside. For information about setting aside default judgment, please refer to “If a default judgment has been entered against me because I did not respond to the claim in time, what can I do?”. 

However, filing a late AoS does not automatically extend the time for serving the defence. If the defendant needs more time to file a defence, a separate application or agreement will usually be needed. 

Once default judgment has already been entered, the defendant cannot simply file an AoS as of right. At that stage, notice of intention to defend can only be given with the leave of the court obtained by summons.