Can a CCJ be set aside?

Can a CCJ be set aside?

You can make an application to the court to set aside a Default Judgment or CCJ but you will need to show the court why you did not receive the claim when it was issued and either that you have a real prospect of successfully defending the claim or that there is some other good reason why the judgment should be set …

What happens if a CCJ is set aside?

A County Court judgment is a court order for you to repay a debt. Setting aside a CCJ cancels the judgment. This doesn’t mean the debt disappears or that court action automatically stops. If the judgment is set aside, you and the creditor are put back in the position you were both in immediately before the judgment.

What are the rules for setting aside default judgment?

13.1 The rules in this Part set out the procedure for setting aside or varying judgment entered under Part 12 (default judgment). (CCR Order 22 r.10 sets out the procedure for varying the rate at which a judgment debt must be paid)

How do I file a default judgment in a civil case?

FYI! After a party obtains a judgment, they must prepare a document called a Notice of Entry. They attach a copy of the judgment to the Notice of Entry, file it with the court, and mail it to all parties in the case to give them notice of the default judgment.

What can a creditor do with a default judgment?

Make sure you get any agreements with your creditor in writing. Once a default judgment – or any judgment – is entered in the case, your creditor can take action to collect on it. For example, a creditor can garnish your bank account or paycheck, seize property, or file judgment liens against you.

Can a GL or varying judgment be set aside?

(2) Paragraph (1) does not apply where the claim was commenced in a specialist list. (3) An application under rule 13.3 (cases where the court may set aside ( GL) or vary judgment) must be supported by evidence.

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