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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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I filed a money claim against a company and its director and

Customer Question

I filed a money claim against a company and its director and got judgement in default in December. Now the director's solicitor have written to me to say he was not aware of the decision and i should agree to have the judgement set aside or they they will seek to reverse the decision and claim damages from me. what should I do?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.

Buachaill :

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.

Customer:

thank you for the advice,

Customer:

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.

Customer:

at the time of filing the case the Director was in the process of being removed.

Customer:

I mean re

Customer:

I mean resigned. I filed the action on the 27th nov, he resigned 14 Nov but did not notify companies house untill 28 Nov.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10266
Experience: Barrister 17 years experience
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Expert:  Buachaill replied 2 years ago.
2. Dear Sylvia, In these circumstances, the service on the company is regular and any judgment against the company is good. As against the Director, the service is defective as the Director had resigned 13 days before you left the writ at his place of business, so this is not good service within the Rules. So, your judgment against the Director can be set aside on this ground. However, the Director must show that he has good grounds to defend the proceedings. So here, you write back to the Director's solicitor and seek the basis on which he resists the judgment against him. If he has legal grounds, you will have to agree to the judgment being set aside against him, on terms. In the meantime, you should seek to enforce the judgment against the Company and get your money this way.

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