Can I do anything about a court order obtained against me?
Understanding your rights and options is crucial when facing a court order such as a County Court Judgment for a debt. The first step is to fully understand the court order, what it says and how it will affect you.
Different court orders can have different outcomes. The order may give you possession in an eviction case or a property claim. In a dispute over a property boundary, you may be entitled to a demarcation of the boundary. In most money claims, you’ll be entitled to money. You can choose between full payment or installments. If the terms of the order are unclear or incorrect, you should seek legal advice from the court. Knowing the details of the order will help you navigate your next steps. Remember that even if the order is in your favor, it’s not the end of the story. As a first step, a court order is a piece paper. You may be required to enforce the recovery of money or other property and may have to consider different enforcement options. You may want to think about what you can now do if an order was made against you. You may have the following options:
Applying for a change of order
If you feel that your financial situation has changed since the original order was issued or if it is unmanageable due to the terms, you can ask the court to modify the order. This is especially relevant if your financial situation has changed due to a job loss or unexpected expenses.
The process typically involves filling out a form and providing detailed financial information to demonstrate your current financial status, which can be contentious.
Setting Aside the Order
Under certain conditions, you might be able to apply to have the court judgment set aside. This is the most likely option if you received an order, but did not receive paperwork or missed important deadlines. Court claims have specific deadlines. A claim, for example, must be acknowledged in writing within 14 days and defended within another 14 days. If you do not comply, a default judgment can be obtained in accordance with part 12 of the Civil Procedure Rules. If you have a defence to the claim which was not previously considered, for example if a significant procedural mistake occurred, or if the claim was not received and you were unable to respond, you may be entitled to apply for the Default Judgment to be set aside in accordance with part 13 of the Civil Procedure Rules. There are situations (cases) in which the court “must” set aside a default judgment, and there are cases where the Court’may’.
To apply to set aside a judgement, you must fill out Form N244 with evidence and draft order. This is a very important application and it is crucial to get it right. Failing to do so will result in the Judgment remaining against you.
Negotiating with Creditors
Direct negotiation with the creditor is also an option, but this is far harder when a Judgment has been obtained against you. You are in a bad position and the Claimants have little incentive to compromise. You may find that creditors are willing to change the payment terms, or settle the debt at a lower amount, if you offer a lump-sum. However, this depends on the circumstances. It is important to prepare your application for a set aside order, especially if you will be attending a court hearing. There are various rules of evidence and the better presented your case, the greater the prospect of your application being successful.
Seeking Legal Advice
Dealing with a court order can be stressful, but taking proactive steps to get advice can significantly mitigate the impact on your life in the short and longer term. If you are considering applying to vary the judgment, negotiating with creditors or seeking to set it aside, each option must be carefully considered based on your particular circumstances and what has already happened. We understand that it is tempting to try to resolve a dispute on your own. This may work in some cases, but can also lead to unexpected or difficult outcomes. Our team of expert litigation lawyers can help you if you find yourself in an unexpected situation. They will guide you through the costs, benefits (pros and con), and process that you should follow to improve your situation. We will be happy to assist you. Contact Helix Law for assistance today.
