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County Court I assume? What did you file to set aside was it form N244 please?
I was informed wrongly by the courts to file a N244. I have confirmation from the court on Friday they have received it. Yesterday (Friday), we called the court up and they said you need to fill in a form to appeal the judgement and file a fee of £120.00.
I filed the N244 last Friday the 6th June 2014 at 16:45
You need to apply in the appeal form, that you wish a stay of enforcement pending appeal
But yes you complete form N161 and ask for a transcript etc.
Sadly the counter at the County Court is not legally qualified.
You can only stop Judgment if you appeal - there is an order against you then you need to appeal it
If you win you can seek costs - yes
can I clarify anything else for you?
So if I take the documents down to the county court tomorrow and pay the fee what happens next. How does the claimant find out that I have filed an appeal form. Also as she was in charge of the payroll and overpaid herself, can I also report her to the police for stealing money. She overpaid herself by about £600 in 5 months. The original case was to claim the overpayment in lieu of her wages but if the appeal goes in our favour as it should do as we have all the right documents can I still launch a civil suit for the stolen money as the judge dismissed this as not part of the original claim or counter claim when it clearly was.
1. If the Judgment is against both of you yes, you need to appeal both
2. You are employed by the Company, so you need to appeal the Company and personal Judgment'
Does that clarify the position for you?
I was company director but she filed the same case number against me and the company for the same amount.I take it she is saying well if you wind the company up I will make you personally liable. This cant be the case as if I had a case against the COCA COLA company, I could also take the director to court. I need to set aside the judgement against me as if I wound the company up she should not be able to come after me as it is a limited company that is employing her.
Yes it would be the Company that would be liable/
But this is why you need to appeal and take the steps I have outlined above
Does that clarify?
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