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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I am a small business owner and recently lodged a claim against

Customer Question

I am a small business owner and recently lodged a claim against an ex-client with the county court for an unpaid invoice. They have submitted a defence and counterclaim but didn't do this in the required time and therefore they received a judgement by default. The have applied to the court to have the judgement set aside and i have only found out today that the hearing for this is tomorrow! As the claimant, do i need to attend the hearing? and am i supposed to submit anything to the court prior to the hearing? i received an email today from the defendants solicitor with a skeleton argument?
Submitted: 4 years ago.
Category: Law
Expert:  Alice H replied 4 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

You must attend this hearing in order to present your case and respond to any points raised by the defendant.

The defendant does not have an automatic right to set aside the judgment. They would have to explain why there was a delay and did not respond in time and also show that they have reasonable prospects of success. If you are able to respond to their points and perhaps show that they have no defence then the judgment will stand.

Usually you would be expected to respond to a skeleton argument before the hearing . If you are able to do so then you should draft a response to take along to the hearing tomorrow and give copies to the other party and the Court - its too late in the day to serve the documents today.

Does this help?