Set Aside Judgement Court Hearing

[beagle10]

Hi,

I have started a claim against an individual who owes me money and it has now reached a court hearing stage to set aside a judgement.

I have now received a letter saying the defendant has applied to have the judgement set aside because they do not owe the amount I am claiming for. A hearing date has been set in a couple months time which I believe I am expected to attend.

I cannot attend the hearing and not sure what to do. The court suggested I write a letter to the judge explaining why I will not be attending. Do I also need to provide evidence against the defendant proving they owe the money I am claiming, and all other proof I have to backup my claim? What should the letter say exactly?

Any help would be greatly appreciated!

[Amethyst]

Morning

Here is an example letter to send to court to say you won't be attending - http://legalbeagles.info/forums/foru...vance-at-least

You can also submit a Witness Statement ( copies of both to go to the other side as well with a covering letter)

Did you receive a copy of the other sides application to set aside / for relief from Sanctions ?

When they entered the part admission, did they also enter a defence to the part not admitted ?

[beagle10]

Morning Amethyst!
Thanks for the example letter - i'll have a look at that.
This is probably a silly question, but what do I write in my witness statement? Can I include evidence of the money being owed?

[Amethyst]

To help with the Witness statement will need a bit more information, however, basically, the first part would be about the judgment and why it shouldn't be set aside and the rest about the claim the admission and why there is no reason the rest should be treated differently - there are some example witness statements here http://legalbeagles.info/forums/foru...ess-statement/ to give you an idea of wording, formatting etc.

They'll have entered the set aside in order to put a hold on the warrant of execution you obtained - likely when they heard from the high court enforcement officers.

I did write a response to the defendants solicitors letter, replying to each point they made in the letter and correcting them.

did a copy of that go to the court at all ?
Did the court send you a copy of their defence to the half of the claim they disputed ? The court must have received a defence for them to have sent directions questionnaires.

Is the hearing to be held a court local to the defendant?

[beagle10]

Sorry for the delay in getting back to you Amethyst - I didn't see your reply.

The response I sent in regards to the solicitors letter I received was only sent back to the defendant - not to the court. In hindsight, I probably should have sent a copy to the court aswell.

And yes - the hearing is to be held at a court local to the defendant.

Thanks for your help!

[Amethyst]

Morning

Here is an example letter to send to court to say you won't be attending - http://legalbeagles.info/forums/foru...vance-at-least

You can also submit a Witness Statement ( copies of both to go to the other side as well with a covering letter)

I'd do those bits so you at least have a say at this hearing and see what happens from there.