Set Aside Default Judgment Relief From Sanctions
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
Call the clerk's office. Tell the clerk you want to schedule a hearing on a Motion to Set Aside Default Judgment. The clerk will give you a date and time for the hearing. Make sure the hearing date is far enough away.
To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.
The court can set the judgment aside if the claim was properly served, but the defendant did not receive it. The defendant does not need to show they have a reasonable prospect of successfully defending the claim if they have another good reason to set the judgment aside.
If you don't owe the debt You can ask the court to set aside the CCJ by filling in form N244. You'll probably have to pay a fee for your case to be looked at again. If the court agrees that you don't owe the money, your CCJ will be removed from the Register. Removing the entry could take up to 4 weeks.
The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.