Ten steps to set aside a default judgment

May 30, 2020 Mike 0 Comments

Default JudgmentYou must respond to or deal with a claim that is being made against you. If you do not then the Claimant may enter what is called a “Default Judgment”. They are allowed to do this 14 days after the start the claim.

This goes up to 28 days if you do respond within 14 days but then fail to send in a defence to that claim afterwards.

If this has happened to you recently then please DO NOT IGNORE IT. There are options available to you.

10 Steps

 

  1. Check your paperwork.
  2. Contact the court.
  3. Make contact with the claimant.
  4. Before your make your application to set the default judgment aside, consider your chance of success.
  5. Download and fill out form N244 from the HMCTS website. 
  6. Write your witness statement and attach it to the application.
  7. Write a draft version of the order you wish the court to make and attach it to the application.
  8. Draft your Defence and attach it to the application.
  9. Write a covering letter or email to attach your application and documents to.
  10. Send your application (with the correct fee) to all other parties in the action and the Court by post or email.

 

What next?

11. Attend the court hearing and convince a judge to grant your application

You can download a free copy of this article using this form. The article includes

  • A diagram of how to fill out the N244
  • An example of a witness statement
  • A simple defence
  • An example of a draft order

OR

Use a Direct Access Barrister if you need legal assistance

Members of the public may now go direct to a Barrister without having to instruct a Solicitor or having to represent yourself. This means they can save money while gaining access to the best legal advice possible to set aside your default judgment. Michael Shaw is a Direct Access Barrister.

Contact Michael Shaw

  • Please call Michael direct on 07813337612, or
  • Mail him at michael@mshawbarrister.com or
  • Chat to him using the chat facility at the bottom right of this page.

 

 

Ten steps to set aside a default judgment was last modified: June 5th, 2020 by Mike

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