Setting Aside Judgements

If you don’t think you owe the money, or if you think there has been some mistake in the handling of the case, then you can apply to have the CCJ set aside.

Setting aside a court order doesn’t mean the debt is gone, but it does mean that the creditor (the person to whom the money is owed) may have to restart the process of taking you to court to claim the debt. This can give you more time to sort out your finances or to prepare a defence to the claim.

Getting a CCJ set aside isn’t easy. You must show the court that there is a good reason for them to set the judgment aside. It is up to the judge to decide whether your reason is sufficient or not.

You can have a judgment set aside if, for example:

• The judgment was made against you in your absence (a ‘default judgment’);
• The correct procedure wasn’t followed in the making of the judgment;
• You had no opportunity to enter a defence; or
• The judgment contains an error or mistake.

If a default judgment was issued because you missed a hearing, you can ask the court to set the CCJ aside for this reason. It is up to the judge to decide what constitutes a good reason. Normally, sudden bouts of illness, accidents, or some other unforeseen occurrence is sufficient. Other good reasons include correspondence being sent to the wrong address or becoming lost in the post.

It’s important to act quickly, as a CCJ is entered on your credit file and can interfere with your ability to obtain credit including car finance and mortgages. Contact J L Lezemore Solicitors today for expert advice.