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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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I need to set aside a county judgement that was gained against

Customer Question

I need to set aside a county judgement that was gained against myself and husband for a debt that was soley in his name for his business
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Is the judgment a default judgment?
Kind regards
Customer: replied 2 years ago.

Yes it was a default

Expert:  Alex J. replied 2 years ago.

Thank you.

You need to file a Form N244 at the country court.

The form must follow the procedure detailed in Civil Procedure Rule 13 - 13.3 - that you have a reasonable prospect of successfully defending the claim.

The court fee is £155 but if your defence is successful you can claim this from the claimant.

Your defence is under the "Statute of Frauds" - that is a person cannot be held legally responsible for another persons debts, unless they accept liability in writing. If your husband incurred these debts, then you should not be a defendant to them.

I look forward to hearing from you.

Kind regards