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Dodgy builder requesting judgment to be set aside

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  • Dodgy builder requesting judgment to be set aside

    We took our builder to court, he did not defend himself therefore we asked judge to make a judgment we won by default, the builder has now asked for judgment to be set aside we have been waiting for 16 days to hear back from the courts. How long does it take for the judge to make a decision? Would he need to send in proof as to why he did not respond? Is it easy to have a judgement set aside?
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  • #2

    He needs to fill in N244 (he pays a fee), the form does ask for a reason why the Judgement should be set aside.
    As for timings, it depends how busy the courts / Judge are.



    • #3
      He won't just get a judgement set aside, assuming you served the paperwork to the correct address then he's going to have to come up with a very good reason for set aside.

      Unfortunately if he has filed an application to set aside you can't commence enforcement as a judge wouldn't grant any warrants or writs until that application is heard.

      If he doesn't get it set aside, if I were you I would write to him enclosing a copy of the judgement giving him 14 days to settle it or else you'll apply for a warrant or writ (if the debt is over 600) of control meaning the bailiffs of high court enforcement officers (if a writ) will enforce the judgement because it appears he's not going to pay willingly.

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