Setting Aside a CCJ Default Judgment

Setting aside a CCJ default judgment

Speed is key but make sure the application is comprehensive

The court rules allow a party to apply to court setting aside a CCJ default judgment under specific grounds. Default judgment is where the CCJ is entered because a defendant has not responded to a claim form.

It is possible to remove a CCJ in this manner, albeit it is likely to require a hearing before a judge. Sometimes the parties will want to go down this route if the time frame to have the judgment marked as cancelled pursuant to a certificate of cancellation has expired and it will only be possible to obtain a certificate of satisfaction. A certificate of satisfaction marks the CCJ having been paid rather than being removed entirely.

Why Try Setting Aside a CCJ?

Setting aside a default judgment enables it to be removed after the month period. This is a potentially risky and time-consuming route to go down and the court will not readily allow a CCJ to be set aside in an attempt to avoid a certificate of satisfaction being entered. The court is only likely to entertain an application for a default judgment to be set aside if indeed there are grounds to dispute the claim over (a discretionary set aside) or there has been some procedural error in obtaining the judgement (a mandatory set aside).

Costs

It is possible that the court may allow a judgment to be set aside by consent and we refer you to the Small Claims Court Genie site here for more detail on the procedure. When compared to obtaining a certificate of satisfaction, the courts fees alone are likely to amount to £365 (£255 for the application fee and £110 for a consent order fee).

Another difficulty with this route is that it will be reliant upon the claimant agreeing to the judgment being set aside if there is indeed no dispute over the sum being owed as entered as the CCJ.

So it is a possibility but not a straight forward or cheap one.