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WA When to File Letter to Set Aside Default Judgement?

Discussion in 'Debt and Bankruptcy Law Forum' started by janette, 18 July 2016.

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  1. janette

    janette Member

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    I have received a default judgement for bankruptcy. How long do I have to file the letter to the judge, asking them to set it aside?
     
  2. Cathlawyer

    Cathlawyer Member

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    Hi Janette,

    Not sure which State you are in but please file your application ASAP as the default judgment may be used to bankrupt you which can lead to you losing your assets such as your house if you own one. There are also other difficulties you will face once you have been bankrupted.

    If a bankruptcy notice is filed against you, you will also need to file an application to set that aside so the faster you act the more effort and potential cost you are saving.

    If you are not confident in the process do consult a lawyer as soon as you can to find out what you need to do: Find a Lawyer & Book Online Instantly | LawTap
     
  3. Tim W

    Tim W Lawyer

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    Only in the most exceptional circumstances will you be able to set aside a default judgement.
    Start making preparations to pay the judgement debt.
     
    Kim Walters likes this.
  4. Serge Gorval

    Serge Gorval Well-Known Member

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    Not necessarily true. Bring a notice of motion setting aside judgement. Obviously, if it was entered into default, then you did not reply to the SOC. I would also put in an application for instalment order as it would prevent the judgement creditor pursuing recovery action such as bankruptcy.
     
  5. Tim W

    Tim W Lawyer

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    Yeah, do that.

    As to the Application To Set Aside, while you can bring that application (assuming you are still in time),
    you will need exceptional and unusual grounds, or a point of law, for it to succeed.
    Arguments such as "I never received the Claim", "I got the dates wrong", and "I didn't understand it"
    can, but almost never actually do, succeed.

    Understand that there is no automatic stay on the existing order,
    and that if you fail to comply, you may face further action for that breach.
     

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