Receiving a default judgment can be a jarring and overwhelming experience for any one personally or a business owner. It’s a moment that can make you feel like the ground has shifted beneath your feet. However, it's crucial to remember that this is not the end of the road. By taking swift and informed action, you can navigate this challenging situation effectively. 

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In this guide you will learn about:

• The requirement for a quick response when faced with a default judgment CCJ
• Understand and manage the legal process effectively
• Actionable steps to take and essential tips

So let’s jump right in:

1. Understand the Judgment
First, carefully read and understand the default judgment. This document will detail the court's decision and the amount you are required to pay. Understanding the specifics will help you determine the next steps. I highly recommend that you check out my article on How to Respond to a CCJ Claim which you can read here if you do not intend to dispute the order, Time will be of the essence

 

2. Act Quickly
Time will also be of the essence if you do dispute the judgment CCJ. The courts will expect you to act promptly when seeking to set aside a default judgment. I cannot emphasize enough the importance of promptness in filing an application to set aside a CCJ order. The court takes a serious view on this point as delays can weaken your case and reduce the likelihood of a favourable outcome.

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3. Gather Evidence
Collect all relevant evidence that supports your case. This may include:

• Correspondence with the claimant

• Proof of payments made

• Any documents that demonstrate you have a valid defence

Having comprehensive evidence will strengthen your application to set aside the judgment. Think of this as building your case brick by brick, with each piece of evidence adding to your foundation.

 

 

 

 

 

 

 

4. File an application to Set Aside the Judgment

To set aside a default judgment, you must file an application with the court. Your application should include:

• N244 Form: This is the standard form used to apply to set aside a judgment.
• Witness Statement: A detailed statement explaining why the judgment should be set aside. This should include reasons for any delay in responding to the claim and evidence supporting your defence.
• A proposed Order for the court to consider.
For more detailed help on the individual steps to take, check out my guide here on how to set aside a CCJ

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5. Demonstrate a Real Prospect of Success

In your application, you must demonstrate that you have a real prospect of successfully defending the claim. This involves showing that you have a valid defence or that there is some other compelling reason to set aside the judgment

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6. Attend the Court Hearing
Once your application is filed, the court will schedule a hearing. It is crucial to attend this hearing and present your case clearly and confidently.

7. Follow Up
After the hearing, follow up with the court to ensure that all necessary steps are completed. If the judgment is set aside, you will have the opportunity to defend the claim in court.

To conclude to receive a default judgment is undoubtedly a serious matter, but by taking prompt and informed action, you can improve your chances of preventing a CCJ from registering an adverse entry upon your personal or business credit file or by taking steps to making an application to setting the CCJ aside. Remember this is a challenging area so be proactive, act quickly, gather evidence, and file a thorough application.
 

I hope you found the above guide helpful. Let me know by leaving a quick comment and feel free to share 

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