Ask a Law Question, Get an Answer ASAP!
1. Stand your ground! The usual court order made if a party wishes to challenge a judgment on the basis they were unaware of the proceedings is that they must lodge the amount of the judgment in court. There is no possibility of a person being successfully sued for obtaining a judgment. So you would be very foolish to simply roll over and take fright at the threats of the solicitor for the director. He does not have a valid legal basis for making the insinuations he is making. So inform the solicitor that if the director and the company wish to challenge the judgment, then you will expect at a minimum that the monies relating to the judgment be lodged in court to the credit of the action. Set out that you validly served the company at its registered address and the director at his personal address. You should also realise that the solicitor is probably aware that the company and director have no valid basis in law for setting aside your valid judgment. A court will not simply set aside a judgment properly obtained by an assertion that they were unaware of the proceedings. Some legal basis for setting the judgment aside has to be shown before leave to set aside the judgment will be given. So be aware that the company and the director have an uphill fight. So don't concede your ground easily.
thank you for the advice,
however service on the Director was to the office address and the lawyer is claiming that it was not his personal address so the claim form was not validly served.
at the time of filing the case the Director was in the process of being removed.
I mean re
I mean resigned. I filed the action on the 27th nov, he resigned 14 Nov but did not notify companies house untill 28 Nov.