What is set aside small claim judgment? It is procedure of removal issued county court judgment (commonly referred to as a CCJ) when:
- defendant fail to attend hearing
- wasn’t aware about small claim case.
Default judgment may be issued if defendant fail to reply within 14/28 days and didn’t contact with court or claimant. As soon as defendant is aware about entering default CCJ he could ask court to remove judgment on basis that party haven't been able to defend himself.
Sometimes, defendant is not aware about small claim against him because claim form was sent to the wrong address. In case of fail to reply, defendant should have a reasonable explanation that judge to accept his application and give additional time to prepare small claim defence. Alongside, defendant should provide evidence that he has case and arguments for his defence.
That’s why ignoring claim against you is the worst idea, because claimant easily get default judgment and it is up to defendant not only prove unawareness about issued claim but proved argumentative evidence of valid defence.
Default judgment may be set aside according CPR 13.3:
Cases where the court may set aside or vary judgment entered under Part 12
13.3
(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
Even if the some of the party fails to attend allocated small claim hearing CCJ would be issued. But defendant may request to set aside such judgment if have got a compelling reason to justify an absence in court hearing.
Fail to attend hearing
If defendnat fail to attend hearing he has 14 days to set aside CCJ providing solid explanaition of missed trial.
How to apply for removal CCJ?
Defendant need to complete application form N244, pay set aside court fee – £255( this court fee was increased from £155 to £255 in 2016)
As soon as defendant applies to set aside CCJ claimant we would receive a date and place of allocated hearing. If small claim was started via MCOL, claimant could see in what court case was transferred.