I, as the plaintiff, started with the pleading stage by submitting a statement of claim to the court and sent a copy to the company. But I did not get a statement of defense to see what the company may have said so that I can fill a reply to the Statement of Defense. I have tried but the court refused to tell me what was missing and what I should next!
If you haven't received a Statement of Defense after filing an employment claim, here are the key steps to take:
1. Check the deadline
- Typically, defendants have 28-30 days to file their defense (timing varies by jurisdiction)
- Count from the date they were served with your claim
2. Document attempts to receive it
- Keep records of all communication
- Note the date you were supposed to receive it
3. Take action:
- Contact the court/tribunal registry to confirm if a defense was filed
- If no defense was filed, you may be able to:
* Request default judgment
* Proceed with your case uncontested
* Get an order compelling them to respond
4. Consider seeking directions
- Ask the court/tribunal for procedural directions
- Request a case management hearing
I can provide more specific guidance based on your jurisdiction and the type of employment claim, if helpful.