As a mediator, I’ve encountered clients who were blindsided by CCJ default judgements on their credit reports. Imagine planning to take out a car loan, finance, or a mortgage, only to discover that a judgment has been entered onto your credit file without your knowledge. It’s a frustrating and anxiety-inducing situation, but fear not. There is a legal remedy which is the Form 244, which is an application to set aside the default judgment.

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What is a Default Judgment?

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A Default Judgment occurs when legal proceedings take place without your participation. Maybe you missed a court hearing, didn’t receive notice or simply were not aware of the case against you. Regardless, the court enters a judgment against you, affecting your credit and financial prospects.

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The first step is to:

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• obtain the Form 244 You can request a copy from the court.

• Complete the Form by explaining why you didn’t respond to the original claim. Common reasons include not receiving notice or being unaware of the proceedings

• Gather evidence supporting your case.

• File the Form 244 to the court. Keep copies for your records. The court will review your application and schedule a hearing.

 

The hearing: Presenting your case:

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At the hearing you’ll have the opportunity to explain why the judgment should be set aside. Be prepared to be honest, present evidence, argue your case.

 

Considerations

 

File promptly as delays will weaken your case.

Understand the consequences of the default judgment on your credit and finances.

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What happens after a default judgement has been set aside?

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The record of the default judgement is removed from the court file. The court will provide you with instructions on the necessary steps to take. It will be important to follow the instructions and you can apply for more time if needed. If you do not follow the instructions, the claimant has another chance to restart the claim and seek a judgement in default.

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These reasons highlight the various circumstances under which you may seek to dispute a default judgment, emphasising the importance of a fair hearing, proper notification and the ability to defend the claim.

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