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Buachaill, Barrister
Category: Law
Satisfied Customers: 10984
Experience:  Barrister 17 years experience
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I have obtained a CCJ against someone who now 2 years after

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I have obtained a CCJ against someone who now 2 years after the event has applied to get the judgement set aside. I have received a notice of the hearing and a copy of the application. Amongst other things the witness states factually incorrect. Will I get an opportunity to file papers in defence of the application before the hearing?
Malcolm Comfort
1. Dear Malcolm, you will get an opportunity to make a witness statement and to set out your opposition to the application to set aside the CCJ. Basically, you can represent yourself or get a solicitor to represent you. However, you will get a chance to give your side of the story and to rebut the factually incorrect allegations made by the witness in the case. However, this will be in written form, not oral. You essentially make your side of the case and the judge then decides. Be aware that courts very rarely set aside a judgment given over 2 years ago. This is extremely rare. Even if the judge is minded to give the Defendant the opportunity to challenge the judgment this is normally only done if the Defendant lodges the monies due under the judgment in court, so as not to prejudice you, the Plaintiff in getting the judgment satisfied. Accordingly, be aware that you have the whip hand here and you might be able to force execution of your judgment here.
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