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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9681
Experience:  I have been practising for 30 years.
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I have a judgment made against an insurance company. The

Resolved Question:

Hi,
I have a judgment made against an insurance company. The judgment was issued on 7th of jun. but I have now received a copy of their solicitors with an attachment of N244 for to put the judgment set aside.
Do you still think its a good idea to enforce the judgment by bailiffs now, or shall i just wait.
Many thanks
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  F E Smith replied 1 year ago.

Once they have made the application to set the judgement aside, you are no longer able to enforce with bailiffs or in any other way. You have to wait till there has been a hearing and for the outcome of the hearing to go in your favour before you can enforce the judgement.

If they failed to file a defence and he will immediately applied for default judgement, it’s very common for defendants to then apply to set the judgement aside. Opposition to the application would rarely succeed and hence, once you have received judgement, it’s always wise to wait some months before trying to enforce to avoid the application to set aside.

If a claimant wait several months and then enforces there is more chance of opposing any later application to set aside on the basis of the delay.

Can I clarify anything for you?

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Best wishes.

FES.

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Customer: replied 1 year ago.
They have attached the N244 and have ticked the box No herine. Also, I have spoke to the money claim this morning and they said, they still haven't received any forms from them. I have been advised by another solicitor to enforce Now but I am really hesitating. I also had a letter from the defendant's solicitor asking me to hold and not enforce my judgment . Also asking me to give them all the files and documents??? which is very odd. Please advice. the amount of judgment is over 30K