A Claim Has Been Issued Against Me, but I Didn’t Receive the Documents – What Do I Do?

If somebody issues a claim against you, you may not receive the documents for several reasons. The person or company who filed the claim, known as the claimant, might have provided an incorrect address, or you may not be present at the address when they deliver the documents.

In this situation, there’s a risk of you running out of time to file your defence, in which case the court has the power to make an order in the claimant’s favour. This type of order is known as a default judgment, and you must comply with it unless you successfully apply to set it aside.

How you manage this situation will depend on whether there’s already a default judgment against you or not. If you’re unsure, contact Helix Law.

If There Isn’t a Default Judgment

If you learn about the claim before the first hearing, you may still be able to obtain additional time to file your defence. You can do this in two ways:

• – Write to the claimant directly or via your solicitors to seek their agreement to extend the deadline. You generally have between 14 and 28 days to file a defence, but you can extend this by 28 days if the claimant consents. If so, you must notify the court of this extension in writing.
• – If the claimant disagrees, you must file an application as soon as possible to request such an extension on Form N244. You’ll need to explain the reasons for the delay in your application.

If There Is a Default Judgment

You need to apply to ask the court to set aside the order made against you. This is a fundamentally important application for you if a default judgment has been entered against you. It is high risk and not a situation where you would want to apply, and for the application to fail. Obtaining advice in this situation is sensible to ensure success.

The relevant form for an application to set aside a Judgment is an N244, and you must explain why you want it to discharge the order. This should make reference to the Civil Procedure Rules. Evidence should be filed in support of the application and a draft order should also be provided at the same time. The court will only grant your application under certain circumstances, including:

• – if you demonstrate the court must set aside the Judgment;
• – if you can show you have a real prospect of successfully defending the claim; or
• – if the court believes there is another good reason for setting aside the order or allowing you to file a defence.

For more information or assistance, contact Helix Law today. Our specialist lawyers can guide you through the process and prepare your application to give it the best chance of succeeding.