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Can I Do Anything About a Court Order Obtained Against Me?

When facing a court order like a County Court Judgment (CCJ) for a debt, understanding your options and rights is essential. The first step is to thoroughly understand what the court order means- what it says, and what the impact is on you. 

Different orders have different outcomes. In an eviction or property claim the order might entitle you to possession. In a boundary dispute you might be entitled to a boundary demarcation. Most commonly in a money claim, you will be entitled to money – either full payment or payment by installment. If you find the terms of the order unclear or incorrect, it’s crucial to seek legal advice or clarification from the court directly. 

Being well-informed about the specifics of the order helps you effectively navigate your next steps. If the order was obtained in your favour keep in mind that this isn’t necessarily the end of the matter. A court order is, as a starting point, a piece of paper. You may need to force recovery of money or property, and may need to consider a number of different enforcement options. 

If an order has been made against you, you may need to consider what you can do now. Options may include: 

Applying to Change the Order

If your financial circumstances have changed since the order was issued, or if the terms of the order are unmanageable, you can apply to the court to vary it. This is particularly relevant if you cannot afford payments due to reasons like 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 option is most likely to be possible if you received the order but didn’t receive paperwork or missed key deadlines by mistake. 

Court claims have specific timescales. For example a claim needs to be acknowledged formally within 14 days, and then defended within a further 14 days. If you don’t do so, a Default Judgment can be obtained against you in accordance with Part 12 of the Civil Procedure Rules. 

If you have a defence against the claim that wasn’t previously considered for some reason, for example if there was a significant procedural error, or if you did not receive the claim and hence could not respond, you might be entitled to apply to set aside the Default Judgment in accordance with Part 13 of the Civil Procedure Rules. 

There are cases (situations) where the court ‘must’ set aside a default Judgment, and cases where the court ‘may’ do so. 

Applying to set aside a judgment requires filling out a formal application using Form N244 and providing evidence in support and a draft order. For obvious reasons this is an incredibly important application it is fundamental to get 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. In reality, you are on the back foot, and there is little reason for the Claimants to compromise. In some cases, creditors may be willing to revise the payment terms or even settle the debt for a lesser amount if you can offer a lump sum, but this will depend on the background. 

You might prefer to force the setting aside of the Judgment if one has been obtained, and then try to negotiate a settlement so that a Judgment doesn’t remain on (or against) your credit rating.

Court Hearings and Procedures

It is crucial to ensure your application to set aside an order is well prepared, especially if there is going to be 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. Whether it’s applying to vary, negotiating with creditors, or seeking to set aside the judgment, each option should be considered carefully based on your specific circumstances, and depending on what has happened to date.

As a specialist team of litigation solicitors, Helix works nationally in commercial, property and construction disputes. We know the temptation can be to handle a dispute yourself, which may work sometimes, but other times, it can lead to difficult or unexpected outcomes. 

If you find yourself in a situation where there has been an unexpected outcome, our team of expert litigation solicitors are well-equipped to guide you through the risks, costs, benefit (pros and cons), and process you need to follow to improve your position. Contact Helix Law today for assistance and we will be happy to help.

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