Judgment Set Aside
There are only a few cases where you can get the CCJ Judgment set aside. It is important that you have a genuine reason for wanting the case to be set aside, such as there being a mistake with the Claim process.
Reasons that will Have the Judgment Set Aside
There are a limited number of circumstances where you can ask for the Judgment to be set aside, these include:
- You have not received the original Claim form.
- A default Judgment was issued when you sent the forms back requesting more time.
- You paid the whole debt (including interest and Court costs) before the date the creditor entered Judgment.
Reasons that will not Have the Judgment Set Aside
Failing to inform creditors of a change of address and/or other contact details, and the claiming to be unaware of the Court action is unlikely to impress the Judge as it is your duty to keep creditors informed of any such changes.
Remember, lying to the Court is a serious criminal offence and you could face fines or even a prison sentence.
If the Judgment is Set Aside
If the Judge agrees that there are genuine reasons to set the case aside then they will do so, and the CCJ will be removed from the register. However, this does not mean that the CCJ process has ended, as your creditor could still submit the forms to Court again, or there may be other information that the Court requests to conclude the matter.