![]() There is some good reason why judgment in default should be set aside.This used to be called setting aside an "irregular judgment". Evidence has to be shown to the procedural judge. This has to be done by way of an "application on notice" (motion). The defendant has to show that the documents were not served, which would explain why the claimant had ability to enter judgment. The documents were not served correctly.There are three grounds for canceling ('setting aside') the default judgment. The decision is binding, even if it means the claimant is out of their money for a considerable amount of time, and even if interest cannot be charged on the outstanding sum (which it usually can not). In England and Wales a district judge is one of the lowest levels of judge) will make a decision. The court's staff will suggest a figure and ultimately a district judge (N.B. A process is gone through whereby the defendant states how soon they can afford to pay the debt (usually monthly installments) and the claimant can either accept this, or request another amount. If a defendant accepts the judgment, and the amount, but is unable to pay, the defendant may apply to vary the judgment. Therefore, if the issue arises again, the defendant is not prevented from arguing the facts again. It does not mean that the court has agreed with what was claimed, or favors one or other case. Leaver EWCA Civ 2016 it was held that a judgment in default means just that – it is a judgment obtained due to default. The defendant's name is also entered onto a register (although if they pay within a month it will be removed) which is open to everyone, and is particularly used to vet the credit-worthiness of people. The judgment is binding and failure to comply with it means that enforcement action could be taken. Judgments in default are covered by Part 12 of the Civil Procedure Rules 1998. If any other remedy is claimed, the claimant would have had to apply to the procedural judge for the judgment in default, and therefore the judge will determine what happens next. If money is claimed but the amount is not fixed, a disposal hearing is listed to determine the amount of money. However, the claimant could simply request the defendant be ordered to pay at a later date or in installments. Almost always there will be a request that the money claimed, the court fee, and interest at 8% on the money from when the claim form was issued up until date of judgment, and if legally represented a fixed contribution to legal costs, be ordered to be paid immediately. If money is claimed, the claimant can choose how their judgment will be phrased. If the defendant fails to do so, again judgment can be entered as above this time formally known as judgment in default of defense. If the defendant acknowledged to the court that the papers were served within the 14-day period, then the defendant is given 28 days to take a further step. The judgment is known as judgment in default of acknowledgement of service. If the defendant fails to reply within 14 days of service, the claimant can apply for a judgment in default, either by simply requesting the court's administrative staff enter judgment filing a request for judgment (which is sufficient for routine cases), or by making a formal application to the procedural judge. The claim form (together with other documents, known as particulars of claim and a response pack) are served on the defendant. A claimant may not wish to recover money at all, in which case the claim Form states this. This either states a monetary figure on it, together with fixed costs and court fees alternatively if the amount cannot be determined, it will be for an amount 'to be assessed'. In England and Wales, a claimant starts a case by issuing a claim form. Specific jurisdictions England and Wales How judgment arises ![]()
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