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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26003
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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9 years ago I was taken to small claims court for £23k, and

Resolved Question:

9 years ago I was taken to small claims court for £23k, and lost by default as I was mentally ill and didnt defend the case. Now completely recovered, I have found that the actioner lied under oath to obtain a higher settlement, and I can prove this with a paper trail.
Is it too late for me to take action against this person, to recover the extra money she stole?
Submitted: 14 days ago.
Category: Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I clarify that a default judgement was obtained against you?
  2. When did you discover the default judgement?
  3. Have you only just discovered the perjury?
  4. Has any enforcement action been taken under the judgment?
Customer: replied 14 days ago.
the default judgment was obtained against me, I discovered it a few weeks after the judgment. Because of my mental state, I had never delved into the paperwork, but had always kept boxes of the correspondence which I have only recently started going through.
Yes the action was to take against my house, which I sold a year later, the settlement was taken out of the house sale proceeds.
Expert:  Joshua replied 14 days ago.

Thank you. There is no specific time limit in which you must take action to set aside a default judgment but civil procedure rule 13.2(2) provides that "In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly."

My fear would be that the very long delay is likely to render any applicatin to set aside the judgment vunerable unless you can show that due to ill health you were unable to consider the evidence until now. Medical evidence in this respect is likely to be key. If you consider that you can show by reference to medical evidence that you could not reasonably have made the application sooner you may have a chance of a successful application. If you cannot then you application may struggle.

The fee for an application to set aside is £121 so you could take the view that you are willing to pay that fee to find out but without the above evidence you will likely need to be very lucky with the judge that reviews your application. Besides the above medical evidence you would also need to show evidence as to why the original claim is not sound. You do not need to prove it had no merit, just show that you have a reasonable propet of successfully defending the claim if you were allowed to do so.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: replied 14 days ago.
Thank you, I hadn't considered having it set aside, as the true figure should have been £12k, I was more concerned about getting the balance of £11k back, can I not start a fresh claim for the £11k using the evidence I have ?
Expert:  Joshua replied 14 days ago.

The only approach would be to have the judgement set aside and reset to the pre hearing stage. The other alternative would be to appeal the judgement and you are unquestionably out of time in this regard I regret. It is not possible to start a fresh claim on the basis of new evidence for a matter which has already been decided by the courts. The set aside application is likely to be your best approach though as above this could be difficult at this stage given the period of time that has elapsed.

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua and other Law Specialists are ready to help you