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Judgment set aside?

Wed, 2014-04-16 11:37 -- dyj

JTo cut a long story short I entered Judgement against the Defendant and he has now applied for that Judgement to be set aside. How is it possible that when we have originally received a Judgment order, the Defendant could then say “Oh Sorry, I don’t like this. Can I have another chance to tell another story?” Can this occur and is this correct procedure?

What appears to have happened is that the Defendant has applied for judgment to be set aside having presumably failed to enter a defence. This means that the hearing will now be held to determine whether the Court should grant the Defendant’s application. Ultimately it is a matter for the district judges discretion which means that there is little consistency between Courts and makes the outcome difficult to predict.

We would suggest you ask the Defendant to put his reasons in writing so that you may consider whether you should oppose it. If he has no convincing justification for not having filed a defence then he will be in difficulty in persuading the Court. Assuming you do not oppose it and attend court in person then ask the Judge to order the Defendant to pay any costs or expenses you have incurred as a result of Defendant’s default before judgement is set aside. Those expenses will include the costs of the failed enforcement action.