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 have the judgment set aside provided you can show that:
- you can give the court an adequate explanation as to why you did not file a defence within 28 days; and
- that you have a bona fide (genuine) ground of defence.
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 for specialist advice as to how to set aside the default judgment.