Judgments set aside

A county court judgment can only be set aside if there is a good reason for it.

Having a judgment set aside does not mean that the debt disappears or that further court action isn’t possible. Having a judgment set aside offers the defendant an opportunity to defend the claim.

Why a judgment may be set aside

There are several reasons it might be agreed a judgment should be set aside and they are summarised here:

• The court believes there is a good reason for the judgment to be set aside
• There is a pending appeal against the judgment
• An application to set aside has been entered as soon as the judgment has been received, there is a good reason that there was a failure to acknowledge service or a defence and there is a prospect that the claim will be successfully defended.

What is the process for having a judgment set aside?

Setting aside a judgment application incurs a court fee and form N244 needs to be completed explaining the reason the judgment should be set aside. There will be a hearing scheduled and the person applying to have the judgment set aside will need to explain why they don’t owe the money.

Enforcement

An application to have a judgment set aside does not stop enforcement taking place, the only way that enforcement proceedings can be halted is if the application to set aside is accepted by the court. Until the judgment is set aside it remains in force and enforcement agents can proceed with enforcing a writ.

How can creditors mitigate the risk of a judgment being set aside?

Ensure you have the details of the debtor correct, this includes name, address and the amount you are claiming and the paperwork submitted to court must be accurately completed.