Sorry I know its been covered before but could anyone help with some of this please?


I am applying to set aside a judgement as I returned my defence form but heard nothing else until my employers received a notice to declare my earnings for a possible attachment order.

I am contesting about 50% of the amount claimed as part of it was previously paid by building society cheque which was cashed but not placed against my account. Also the total contains some items that were fraudulent activity on the part of other persons.

So:-

I am making an order to set aside the judgement and stay any recovery action.

Do I need to atach a draft order?

Should I tick the hearing or without a hearing box?

It's county court - what level of judge do I request?

I believe I must include copies of the N244 form for the court and claimant - is the claimant to be served with the application or their solicitor?

Thnks for any assistance anyone can give

All the best

Do I need to atach a draft order? - It would be helpful but the Judge would generally make an order "as he/she sees fit"

Should I tick the hearing or without a hearing box? - If possible, have it with a hearing as otherwise, all the Judge would have to rely on is written evidence which at the best of times doesn't tell the whole story

It's county court - what level of judge do I request? Usually woulnd't matter as a District Judge would probably hear it in Chambers but ask for DJ anyhow

I believe I must include copies of the N244 form for the court and claimant - is the claimant to be served with the application or their solicitor? - Their Legal representatives should be served if they have formally told the court they are acting with a "notice of acting"

Mike

"David J Murray" wrote in message
news

Sorry I know its been covered before but could anyone help with some of
this please?


I am applying to set aside a judgement as I returned my defence form
but heard nothing else until my employers received a notice to declare
my earnings for a possible attachment order.

I don't understand. You filed a defence? And do you accept that the defence
that you filed does not actually offer a complete defence to the claim, and
that it was therefore right to enter judgment against you?


I am contesting about 50% of the amount claimed as part of it was
previously paid by building society cheque which was cashed but not
placed against my account. Also the total contains some items that were
fraudulent activity on the part of other persons.

Was that all made clear on your Defence?

You need a copy of the Judgment issued by the court if you don't already
have it. Get the court to fax a copy to you or put it in the post. Only
then can you assess what you need to apply for. Is it judgment for the sum
claimed, or for damages to be assessed?



So:-

I am making an order to set aside the judgement and stay any recovery
action.

Do I need to atach a draft order?

Not essential, if you can state on the first page what you are seeking.
However you could do a draft order which says "judgment be entered for x
pounds. In respect of the balance of the sum claimed, the damages be
assessed by the judge, and that the parties do file and serve witness
statements and do give disclosure by lists of documents".

You need to submit evidence in Part C. There, you can set out why you
dispute the claim and which sums are fraudulent etc. If your statement is
long, just do it separately and instead of Part C you can tick the first box
"attached witness statement".


Should I tick the hearing or without a hearing box?

Best to opt for a hearing otherwise the judge may reject your application
and you won't have had an opportunity to argue your point in full.


It's county court - what level of judge do I request?

District judge.


I believe I must include copies of the N244 form for the court and
claimant - is the claimant to be served with the application or their
solicitor?

If there is a solicitor acting for the claimant he (and not the claimant)
should receive all documents.