Judgement by Default as the Form N9B: Make a defence was not sign.

[Kaream]

Hello Sir/ Madam,

I have had a judgement from the County court. The reason for the Judgement is because section 5 was not signed. See attached. What advice will you give.

Thanks
Kaream

[Amethyst]

I'll redact your document for privacy

firstly though - why were the defences not signed ?

[pt2537]

Hello Sir/ Madam,

I have had a judgement from the County court. The reason for the Judgement is because section 5 was not signed. See attached. What advice will you give.

Thanks
Kaream

CPR rule 22 states
Failure to verify a statement of case

22.2

(1) If a party fails to verify his statement of case by a statement of truth –

(a) the statement of case shall remain effective unless struck out; but

(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.

(2) The court may strike out^(GL) a statement of case which is not verified by a statement of truth.

(3) Any party may apply for an order under paragraph (2).

It seems to me that you need to make an application for relief from sanctions so that the judgment is set aside, assuming of course you have a valid defence to the claim

[Amethyst]

Judgment

[Amethyst]

So you signed the part admission part but not the defence part ?

As PT says you'll need to apply for relief from sanctions. Was there any notice /warning to either defendant to complete a statement of truth before the judgment was granted ?


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[Kaream]

Thanks for doing that.There was another part of the form that was signed, that is the section about my income and expenditure. There was no warning from the court and that should have been done.

[Amethyst]

Nothing from the claimant either ?

No copy of the letter they sent to the court ?

[Kaream]

There was no info from the court or the claimant

[Amethyst]

Give court a call tmw and check if anything was sent out and tell them you didn't receive anything from them or the claimant. Ask for a copy.

Then to apply for relief it would be form n244 - are you eligible for fee remission at all ?

In the defence you mention that there was a previous claim on the same invoice that was discontinued - do you know whether that was discontinued before or after you filed a defence ?