Wednesday, February 3, 2010

Where can I appeal against unfair county court judgement obtain with false information?

a company used my old address to obtain a county court judgement against me, whiles they know that I don't live their for over a year. they admit it that they used the old address because they did not have my new address.Where can I appeal against unfair county court judgement obtain with false information?
If it was a default judgement obtained improperly, you can go to the County Court and ask them to hear the case again. You will need to provide compelling evidence to do so.


If the County Court will not hear the case again, you will need to appeal to the Civil Court of Appeal. I wouldn't recommend doing this without a lawyer.Where can I appeal against unfair county court judgement obtain with false information?
Most County Court summonses are served by post.If there is no response from the Defendant and the summons is not returned to Court marked ';moved/gone away'; or something similar the creditor applies to the Court for judgement and will normally get it assuming the summons was received by the debtor.





Assuming you never received the original summons you can apply to the County Court to set the judgement aside on the grounds that it was never actually served on you.It also helps if you have a valid dispute to the claim otherwsie you are simply delaying the inevitable.





If the Court agrees to set the judgment aside you should be able to have that set aside recorded to cancel any adverse credit laready registered against you.





But you will still have to deal with the claim and if you owe the money you should either pay it off in a lump sum before they can get another judgment or persuade the creditor not to rpursue the action provided you agree and stick to an instalment arrangement.This will be cheaper and quicker for both of you and if it works you will avoid a CCJ.
If you can prove that the claim form was not served upon you, you are entitled as of right, to have the default judgement (I assume that's what it was) set aside.





You can pick up the form at any county court.





You need to move quickly and I agree, if the sums of money are in any way significant, you need a solicitor.





{Note: the ';Order to show cause' applies only in America].
if you were not aware of the proceedings (i.e they never served you notification) then they have a default judgement against you. you need to contact the court ASAP and advise them of the situation and they can advise you what to do next.
Get a lawyer, You need to file an ';Order to Show Cause'; ASAP.

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