How do I set aside a default judgment which has been obtained against me?
If someone has obtained default judgment against you, you can still apply to the Court to have the judgment set aside. Generally the Court will require evidence in support of such an application which includes:
- a satisfactory explanation as to why no defence was filed by the time required in the Court rules and before the judgment was entered; and
- details of the defence to the claim which is at least arguable.
How do I stop the plaintiff enforcing the default judgment?
When applying to set aside the default judgment, you should also apply for a stay of enforcement of the default judgment, until your application to set aside the default judgment has been determined, so as to ensure that the plaintiff cannot enforce the default judgment against you during this time.
Setting Aside Default Judgment
If you would need assistance to set aside a default judgment which you believe should not have been obtained against you, contact Matthews Folbigg Lawyers for specialist advice as to how to set aside the default judgment.