CCP: action after judgment obtained: applications to set judgment aside - general
The court may set aside judgment by its own action, or on application by either the claimant or the judgment debtor.
Cases where the court must set aside judgment
The court must set aside a judgment entered under part 12 (default judgment) if judgment was wrongly entered because, for example
- an admission or defence was received within the specified time but judgment was entered nonetheless
- an application to strike out the claim was received within the specified time but judgment was entered nonetheless
- the whole of the claim was satisfied before judgment was entered.
Cases where the court may set aside judgment
The court may set a judgment aside where
- the judgment debtor has a real prospect of successfully defending the claim, or
it appears to the court that there is some other good reason why
- the judgment should be set aside or varied, or
- the judgment debtor should be allowed to defend the claim.
In considering whether to set aside judgment, the court will consider whether the judgment debtor has made the application promptly.
Cases where the claimant may set aside judgment
If you become aware that the judgment debtor did not receive the particulars of claim before judgment was entered, or that judgment was entered wrongly, you may apply on form N244 to have judgment set aside.
Fee number 2.6 is payable (DMBM668770) and this fee should be written off. You should then ask the court for permission to take the proposed next action.