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Default Judgement (or not ?) - letter received and I'm unclear

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  • Default Judgement (or not ?) - letter received and I'm unclear

    so I got a letter of judgement from the County Court just today against the defendant

    Is this what is known as 'default judgement''? - I couldn't see the word default anywhere it's very brief and says only;

    ""On27 October 2020.
    Before Deputy District Judge xxxx sitting at the County Court at xxxxxx

    Upon considering the letter from the Claimant received on 26 October 2020:
    IT IS ORDERED THAT
    1. Judgement against 1st Defendant.
    2. Claim against 2nd Defendant Struck Out"
    Dated 27 October 2020""

    There was no mention of awarded costs which I found strange (google seems to think I should get a copy of the costs he has been ordered to pay?)

    So I went onto the CCJ register (trustonline) and which indicates judgement in the amount I asked for (over £4,000). (its a business that owes me as person)

    I was querying why the Court didn't send me a copy of these (seemingly) awarded payments.

    I guess the main question is do I need to do anything now or wait, if so how long

    I would think that the defendant will now apply to have it set aside unsure what this means and what I should do next.
    Tags: None

  • #2
    Default means the judgement was made in absence of a defence from the defendant.

    You need to ensure that you secure - if not already - a CCJ.

    Once you have the sealed (stamped) CCJ - the Judgement Debtor (as they will now be referred to) can make an application to the court to set aside (legal bingo for cancelled) BUT they need to show the court why they did not receive the claim (assuming they did not) and that they have a reasonable chance of defending the claim. If they ignored the claim and didnt bother to respond to the court then it will be unlikely the CCJ will be set aside. If you have CLEAR documented evidence they owe you money then their argument that they can defend becomes weak so again unlikely it will be set aside. The court will typically only award costs that you claimed for.

    Ignoring claims and correspondence from the courts is plain stupid and tells you something about the individual you are dealing with. Of course there might be a valid reason why they did not reply to your claim and hence a "default" judgement entered.

    NO you do not wait. You contact the court and ask to speak with an officer of the court who can provide further information on a CCJ you have been granted - assuming you have, The CCJ will say how much needs paying and by when or/and installment amounts and on what date of the month. Then you can wait - for the Debtor to default on the CCJ which then allows you to consider and deploy enforcement options.

    So at the moment - you need a copy of the CCJ.

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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