Guidance Notes For Default Actions

What Can A Default Action Be Used For?

Recovery of a fixed sum of money which is either :-

owed, such as :-
- payment for work done
- payment for goods supplied
- payment in respect of money lent
- arrears of rent (not possession of the property)
- salary payable in lieu of notice
Or
an expense incurred by faulty goods or workmanship (this must be for actual expenses incurred not estimated) for example :-
- consumer services
- garage services
- property repairs
- dry cleaning services
- faulty workmanship

All claims must be subject to a contractual agreement (verbal or written) between the Plaintiff and Defendant.

What Does It Cost To Start A Default Action?

The initial cost to you for an action against one person/company is :-

Filing Fee £13.50
Coroners Service £4.80
Total £18.30

For each additional Defendant (person/company) this cost is increased by £4.80 and you should complete a set of forms for each defendant, ensuring that ALL defendants are named on ALL the forms.

There may be additional costs, most of which are from the Coroners offices. For example their is a Coroners fee for serving an Execution (for further details please contact the relevant Coroners office).

ALL COSTS ARE SUBJECT TO AMENDMENT

How Do I Start A Claim Against A Person/Company Based In The Isle of Man?

Collect forms from the General Registry (Isle of Man Courts of Justice).
Complete all forms (front and back of the FOUR statements of claim (single A4 sheets) and the front of the TWO acknowledgements of service (folded A3 sheets)) and hand them in at that office paying the filing fee of £13.50.
These forms will be ready for collection by you 24 hours later (Mon-Fri)
If the forms are correct, they will be sealed and given a serial number, Once collected from the General Registry, they must then be taken to the Coroner in whose area the Defendant's address is situated, who will serve them for you on payment of the fee of £4.80 (per defendant), if they are not correct they will need to be amended and resubmitted.

Important Points When Completing The Forms

full names of each individual must be supplied or a letter stating that you have attempted to trace the christian names without success and want the action to go ahead without them. A copy of the most recent Isle of Man Electoral Register is available for inspection at the Courthouse Public Counter.
the papers can be served at a work address or care of address, but the employers name etc. should not be used,
unless absolutely necessary (e.g. c/o 12 Athol Street not c/o Bloggs Ltd, 12 Athol Street)
businesses usually fall into two types which should be shown as follows :-
1. Trading names e.g. Joe Bloggs trading as Joe Bloggs Cafe
2. Limited companies e.g. Joe Bloggs Ltd
you should not use the following:-
1. Person and Company e.g. Joe Bloggs of Joe Bloggs Ltd
2. Type of Company not specified e.g. Joe Bloggs Cafe

YOU MUST MAKE SURE THAT YOUR ACTION IS AGAINST THE CORRECT COMPANY/BUSINESS OR THE ACTION MAY BE UNSUCCESSFUL

you cannot claim interest on the money owing, unless it was agreed when the contract was made
you should be aware that the Defendant has the right to "counterclaim" against you
even if you are successful, if the Defendant has no money/assets that the Coroner can seize, you may still have difficulty obtaining payment

IF YOU ARE ATTEMPTING TO MAKE A CLAIM FROM OUTSIDE THE ISLE OF MAN, YOU MUST HAVE AN ISLE OF MAN ADDRESS WHERE DOCUMENTS FOR SERVICE UPON YOU MAY BE SERVED

IF YOU ARE ATTEMPTING TO START A CLAIM AGAINST A PERSON/COMPANY NOT BASED IN THE ISLE OF MAN, THE PROCEDURE AT THIS STAGE IS THE SAME EXCEPT THAT YOU MUST COMPLETE AN AFFIDAVIT APPLYING FOR SERVICE OUT OF THE JURISDICTION (EXAMPLES OF THIS ARE AVAILABLE AT THE COURTHOUSE PUBLIC COUNTER).

HOWEVER IF THE CLAIM NEEDS TO BE PROGRESSED BEYOND THAT STAGE, THERE IS A COMPLICATED PROCEDURE REQUIRED INVOLVING THE U.K. COURTS, WHICH TAKES TIME AND INCURS ADDITIONAL COSTS. APPLICANTS CONSIDERING SUCH A CLAIM MAY FEEL THAT IT SHOULD ONLY BE ATTEMPTED WITH THE ADVICE OF AN ADVOCATE, AS ADVICE ON THIS IS NOT AVAILABLE FROM THE GENERAL REGISTRY.

What Happens After The Forms Have Been Given To The Coroner For Service?

you should arrange with the Coroner to obtain 2 copies of the certificate of service, one of which you should forward to the General Registry, the certificate shows when, where and how the papers were served

Acknowledgement

The Defendant has 14 days to complete the acknowledgement forms, stating whether they are going to defend the action or not. They may also offer payment by installments but you do not have to accept the offer
the acknowledgement forms should be sent to the General Registry by the Defendant, if so a copy will be sent to you automatically

No acknowledgement received

if no acknowledgement is received at the General Registry within 14 days, you apply for Judgment and Execution (an order that the money is owed to you) see notes later

AN ACKNOWLEDGEMENT CAN BE FILED AT ANY TIME AFTER THIS, IF JUDGMENT AND EXECUTION HAS NOT BEEN ISSUED

No defence received

if no defence is received at the General Registry within 28 days of the Defendant stating his intention to defend, you may apply for Judgment and Execution (an order that the money is owed to you) see notes later

"I am not going to Defend"

if the Defendant indicates that they are not going to defend the action, you may apply for Judgment and Execution immediately

"I will pay you £x per week/month"

if an offer to pay by installments is made, you do not have to accept it. If you do accept it and all payments are not received, you may apply for Judgment and Execution for the balance

Defence

"I want to Defend the action"

the Defendant has 28 days from the date that acknowledgement was received at the General Registry to file a defence
the defence should be sent to the General Registry by the Defendant, and a copy will be sent to you (the Plaintiff) automatically

A DEFENCE CAN BE FILED AT ANY TIME AFTER THIS, IF JUDGMENT AND EXECUTION HAS NOT BEEN ISSUED

A Defence Has Been Filed

The claim is over £5,000.00

the case will now be heard in the High Court. Complete the form "application for case to be heard", and a Court date will be allocated, and all parties will be informed

The claim is £5,000.00 or less

the case will now be referred automatically to the Small Claims Arbitrator. A date for the Arbitration hearing will be allocated, and all parties will be informed

IN EACH OF THE ABOVE A DECISION WILL BE MADE WHICH MAY RESULT IN AN EXECUTION BEING ISSUED

Judgement And Execution

as stated earlier a Judgment and Execution, is an enforceable order which confirms that somebody owes somebody else a sum of money, and gives authority for the money to be claimed. This information is held on a Register

When is Judgment and Execution Issued

if a Judge or Arbitrator "Orders" that execution should be granted
if an acknowledgement has not been sent in by the Defendant (you can apply for Judgment and Execution)
if a defence has not been sent in by the Defendant (you can apply for Judgment and Execution)
if an acknowledgement has been received, which states that the Defendant is not going to contest the action (you can apply for Judgment and Execution
if the Defendant has offered to pay instalments, but has not paid, or not paid in full (you can apply for Judgment and Execution)
to apply for Judgment and Execution you should go to the General Registry and complete the relevant application form

I've Got The Execution, What Happens Now?

once you have applied for Judgment and Execution it will be ready for collection from the General Registry, seven days after the application has been received there, it should then be taken to the relevant Coroner for Execution.

THE CORONER DOES CHARGE FEES IN RESPECT OF SERVING AN EXECUTION, FOR FURTHER DETAILS PLEASE CONTACT THE RELEVANT CORONER (DETAILS BELOW)

Coroners Details

Coroner For Middle

Address:	K Quilleash 1 Church Street Douglas
Telephone:	+ 44 (0) 1624 622280
Coroner For Glenfaba & Michael

Address:	G Leece 13 Douglas Street Peel
Telephone:	+ 44 (0) 1624 845711
Coroner For Ayre and Garff

Address:	J R Quilleash 1st Floor Ramsey Town Hall Parliament Square Ramsey
Telephone:	+ 44 (0) 1624 815899
Coroner For Rushen

Address:	M Wrigley 10 Bridge Street Castletown
Telephone:	+ 44 (0) 7624 498197

Final Important Notes

THE DEFENDANT HAS THE RIGHT TO COUNTERCLAIM AGAINST YOU.

THE DEFENDANT HAS THE RIGHT TO APPLY TO HAVE THE JUDGMENT AND EXECUTION SET-ASIDE (APPEAL AGAINST THE DECISION), ON CERTAIN GROUNDS.

THE DEFENDANT HAS THE RIGHT TO HAVE A RECEIPT FOR MONEY THEY HAVE PAID.

ONCE JUDGMENT AND EXECUTION HAS BEEN ISSUED, DETAILS OF IT ARE IN A REGISTER WHICH IS OPEN TO VIEWING BY ANY MEMBER OF THE PUBLIC AND IS USED BY CREDIT AGENCIES ETC.

DisabledGo Information

Terms & Conditions

General Registry