Setting Aside Default Judgment In Nigeria
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
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.
What to include in your set aside request Write that you are asking for a set aside under Family Code sections 3691(a) or (b) Explain why the law applies to your specific situation. You must show that had the judge considered your response or financial information that the order would have been different.
A consent judgment is a final decision and can, in an appropriate case, sustain a plea of res judicata. Consent judgment remains binding until set aside by a fresh action or an appellate court, if it can be established to have been obtained by fraud, misrepresentation, duress or mutual mistake of parties.
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.
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.