What to do When a Court has made a Default Judgement Against you

What is a default judgment? 

A default judgement is when a magistrate rules in favour of a party due the others failure to complete required action. For example, a default judgement can result from failure to file a defence or appear. It is imperative always to acknowledge and respond to any correspondence concerning legal action by the courts taken out against you. Default judgments are generally awarded in favour of the Plaintiff when the Defendant fails to file a response. Default judgements are legally binding and enforceable. 

What to do if I find I have a default judgment against me? 

In dealing with a default judgment, you must first determine what the claim is for. In order to do this, you can call the Courts on 1300 679 272 and inquire as to who filed on what grounds and when. Whilst obtaining this information, you should ask for a copy of the Statement of Claim filed against you. A Statement of Claim is the original document submitted to the Court to begin proceedings against you. This document will give you a detailed outline of all relevant facts of the case, such as the amount outstanding and grounds by why the Plaintiff believes you owe them that amount of money. 

What is a setting aside of the default judgment? 

Applying for the setting aside of the default judgement is the primary way to overturn a default judgement and contest the claims made against you. If an application for setting aside the default judgement is successful, this will overturn the ruling made in the judgement and allow you to file a defence. 

How does one file a set-aside? 

You will need a Notice of Motion and an Affidavit; these are official court documents and should be filled by an instructing solicitor. 

If you find you have a default judgment against you, you should contact a solicitor as soon as possible. 

Contact us at Wainwright Legal and let us assist you with debt recovery.