I can’t tell you how many people I have heard from who tell me that they have received a default judgement that they didn’t even know about. The order usually shows up when an application for credit or finance is made and legal proceedings have taken place. When faced with a default judgement it can be a daunting and stressful experience. However, there are legal avenues available to set aside such judgements. This guide aims to provide you with key comprehensive strategies on the process to successfully setting aside a judgement in default, including the necessary steps, forms and considerations.
In this guide you will learn about:
1. Understanding a default judgment
2. Steps to set aside a default judgment
3. When the claimant agrees to set aside a default judgement.
4. When the claimant does not agree to set aside
5. Filing your application and evidence
6. Reasons for setting aside a default judgement
7. Steps to take after obtaining an order to set aside a default judgement
Let's dive in
What is a default judgment
Before delving into the process of setting aside a default judgement, its crucial to understand what it involves. It is a court order made in favour of one party due to the other party’s failure to take action such as responding to a claim or attending a court hearing.
How to set aside a default judgement
Contact the court as soon as you are aware of the default judgement. Have to hand the claimant’s name, claim number and date of the order granting default judgement.
As you are working to a tight schedule, write or email the claimant to seek their agreement to set aside the order. It will show a proactive approach to settling the matter.
What if the claimant consents to set aside a default judgement?
If the claimant agrees to the judgement being set aside, both parties can execute a court order called a consent order. While the court ultimately decides whether to set aside the judgement, a consent order significantly increases the likelihood of this outcome. The consent order can be submitted either before or after the application to set aside the
judgement has been made.
What if the claimant refuses to consent to an order?
If the claimant does not respond within the specified timeframe or refuses to consent, the next step is to submit your application to the court. This involves completing the form N244 and providing a clear and detailed explanation for setting aside the judgement.
Supporting Your Application
Present your application with compelling evidence. This may include bills, statements, letters or any official document that demonstrates your inability to receive the court papers or make your defence against the claim.
Common reasons for disputing a default judgment
You did not receive the claim form, therefore you had no opportunity to respond and were unable to defend the claim in a timely manner. That can happen if the claim form was sent to the wrong address
You have a real prospect of successfully defending the claim or if there is some other good reason for why the default judgment should be set aside
Your address has changed, and a redirection service was in place or you were away or out of the country, unable to defend the claim
What happens after a default judgement has been set aside?
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.
These reasons highlight the various circumstances under which you may seek to dispute a default judgment and have it set aside, emphasising the importance of a fair hearing, proper notification and the ability to apply key strategies to defend the claim successfully.
Winnie Onyekwere LLB LLM
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