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JustAnswerKM
JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 40
Experience:  Court of Protection, civil litigation, divorce and inheritance
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I have received this morning court document saying that my

Customer Question

I have received this morning court document saying that my house is to be sold it also says that i failed to attend the court hearing. I have had no notifacation of the hearing so how could i attend. the court papres give no details of the hearing or what happens next .
i have tried citizens advice, the courts with no luck. please help.
Submitted: 8 months ago.
Category: Law
Expert:  JustAnswerKM replied 8 months ago.
Good afternoon Thank you for your message. I will do my best to help.It sounds as though you have received what's called a 'default judgement'. Essentially, judgement was announced (entered) at a hearing, in your absence.You can apply to the Court for the judgement to be 'set-aside' on the grounds that you were not aware that proceedings were being made against you. You will need to explain in a witness statement (numbered paragraphs) what happened and attach any evidence you have. You will then have to set out what your defence would have been, had you had received the claim. This will help the Court ascertain whether you have real prospects for defending the claim. Try and obtain any papers connected to the case by attending the Court counter with the claim number. There may be an admin or photocopying costs.You can make the application yourself by completing the attached N244 attaching your witness statement and supporting evidence. Attach a cheque for £255 made payable to 'HMCTS'. Send it to the Court stated on the Court document you received. If the case is not straight forward, I would recommend instructing a Solicitor to draft the application for you to avoid any errors and present your case as best as possible. You may need to instruct one anyway to attend the hearing for you.In circumstances like these, it's important to respond as soon as possible and avoid any further delays. Best of luck, Kind regardsKrystel*Please rate my answer so I can be credited for it

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