Form N244 - Application Notice for County Court - eg. set-aside /amend / strike out

[Amethyst]

Form N244 Application Notice





Please read the Notes for completion of the N244

There are fees to pay for entering an Application. ( You may be eligible for fee remission see EX160 )

General applications
•
Application on notice where no other fee is specified.
£155
•
Application to set aside a County Court judgment.
£155
•
Application by consent or without notice where no other fee is specified.
£50
•
Application to vary a judgment, suspend enforcement or
suspend a warrant of possession.
£50
•
Application for a summons or order for a witness to attend court.
£50
•
Application for a certificate of satisfaction of a judgment debt.
£15

No fee is payable for an application by consent for an adjournment of a hearing if received by the court at least 14 days before the date of the hearing.

[Amethyst]

Re: Form N244 - Application Notice for County Court - eg. set-aside /amend / strike o

Paying the court fee
A court fee is payable depending on the type of application you are making. For example:
• To apply for judgment to be set aside
• To apply to vary a judgment or suspend enforcement
• To apply for a summons or order for a witness
to attend
• To apply by consent, or without service of the application notice, for a judgment or order.
No fee is payable for an application by consent for an adjournment of a hearing if it is received by the court at least 14 days before the date of the hearing.

What if I cannot afford the fee?
If you show that a payment of a court fee would involve undue hardship to you, you may be eligible for a fee remission.
For further information, or to apply for a fee remission, ask court staff for a copy of the combined booklet and form EX160A - Court and Tribunal fees - Do I have to pay them? This is also available from any county court office, or a copy of the leaflet can be downloaded from our website http://hmctsformfinder.justice.gov.uk

Completing the form

• Question 3

Set out what order you are applying for and why; e.g. to adjourn the hearing because..., to set aside a judgment against me because... etc.

• Question 5

Most applications will require a hearing and you will be expected to attend. The court will allocate a hearing date and time for the application. Please indicate in a covering letter any dates that you are unavailable within the next six weeks.
The court will only deal with the application ‘without a hearing’ in the following circumstances.
• Where all the parties agree to the terms of the order being asked for;
• Where all the parties agree that the court should deal with the application without a hearing, or
• Where the court does not consider that a hearing would be appropriate.

Telephone hearings are only available in applications where at least one of the parties involved in the case is legally represented. Not all applications will be suitable for a telephone hearing and the court may refuse your request.

• Question 6

If you do not know how long the hearing will take do not guess but leave these boxes blank.

• Question 7

If your case has already been allocated a hearing date or trial period please insert details of those dates in the box.

• Question 8

If your case is being heard in the High Court or a District Registry please indicate whether it is to be dealt with by a Master, District Judge or Judge.

• Question 9

Please indicate in the box provided who you want the court to send a copy of the application to, and their address for service.

• Question 10

In this section please set out the information you want the court to take account of in support of the application you are making.

If you wish to rely on:
• a witness statement, tick the first box and attach the statement to the application notice.
• a statement of case, tick the second box if you intend to rely on your particulars of claim or defence in support of your application.
• written evidence on this form, tick the third box and enter details in the space provided. You must also complete the statement of truth. Proceedings for contempt of court may be brought against a person who signs a statement of truth without an honest belief in its truth.

• Question 11

The application must be signed and include your current address and contact details. If you agree that the court and the other parties may communicate with you by Document Exchange, telephone, facsimile or email, complete the details

[JaneNov]

Re: Form N244 - Application Notice for County Court - eg. set-aside /amend / strike o

Hi Amethyst

Another great post and guidance :tinysmile_grin_t:


Did you know that you can also complete online then print off ready for signature?


Discovered it on this webpage tonight:

http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf

[Amethyst]

Re: Form N244 - Application Notice for County Court - eg. set-aside /amend / strike o

Court Guidance on Set Aside Application N244

Guidance notes for submitting an N244 Application to set Judgment aside
If you have a ‘joint judgment’, you can complete one set of forms provided that you
reside at the same address. Include both of your names on the application form and
ensure that you both sign the form.

Complete form N244 as follows:

 Quote your Claim number in the relevant box on the top right of the N244.

 In questions 1 and 2 clarify who you are and how you are related to the
claim e.g. Defendant, Solicitor etc…

 In question 3 write that the order you are seeking is to ‘Set Judgment Aside’ and
provide a reason for disputing the Judgment that has been recorded.

 It is not necessary to complete questions 4 – 9

 In question 10 clarify what evidence you wish to rely on in support of your
application, if necessary providing any further details in the box provided.

 Sign the statement of truth in section 10.

 The applicant must sign the application in section 11; third party signatures
are not accepted.

If you do not comply with the above the application will be returned to you.

What happens next?

Once you have paid the fee, or the fee has been remitted, as you are an individual
your case will be transferred to your local County Court. A hearing will then be listed
for your application to be heard.

The guidelines contained within this letter are not legal advice. Court staff are not
legally trained or responsible for the outcome of your case. You may wish to seek
assistance from a solicitor or local Citizens Advice Bureau. Alternately, you may be
able to obtain advice on debt via Community Legal Advice on 0845 345 4345 or
www.communitylegaladvice.org.uk.


For reference - this is sections 4 - 9

4. Have you attached a draft of the order you are applying for? Yes No
6. How long do you think the hearing will last?
Is this time estimate agreed by all parties?
5. How do you want to have this application dealt with? at a hearing without a hearing
at a telephone hearing
For help in completing this form please read the
notes for guidance form N244Notes.
Hours Minutes
Yes No
7. Give details of any fixed trial date or period
8. What level of Judge does your hearing need?
9. Who should be served with this application?
9a. Please give the service address, (other than details of the
claimant or defendant) of any party named in question 9.