Can I go back to court?

B

b2mac3

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I have a judgement issued against me from 2008 for a car finance.

The Finance company won judgment in 2008 and enforced judgment in 2010.

At the time I tried to manage the case on my own and was in a bit of a mess, recently ive been goin over the files and I am finding lots of errors with the origional case.

I Origionally lodged a defence and counter claim against the court summons. According to the court office " A notice of motion and a grounding affidavit was served on me seekeing judgment despite the fact a defence was logged. There is an affidavit of service on file saying these doucments were served on me."

I have just noticed that the address of the addidavit that the documents were served at was not the address I was living at. I had changed address some 12 months previous and had informed the creditor at the time.

According to the court the creditors representatives placed an affidavit stating they served me at my old address, which wasnt possible as I wasnt living there.

In short do I have any grounds to return to court and have the whole case thrown out due to the lies of the affidavit or failure to issue proceddings agaisnt me correctly?

I only became aware of judgement by myself whe a recorded letter was sent to my old address that was set up for mail divertion. No order letters such as court summons etc were ever recevied.

Thanks for any replies.
 
In short difficult;

1. You got a Court Summons which you acknowledged by presenting a defence.
2. It may be Court heard your defence and found for Finance House.
3. You had a chance to attend Court on Summons day to present your case.
4. Your defence is not against being Summoned to Court , it is your view on the case.The Summons is what it says; ie you are to go to Court to explain your side.

Not turning up on Summons date , I think that undermines any (funnies) you may have found.
I have no legal training so above is just my observation.
 
b2mac3 said:
At the time I tried to manage the case on my own and was in a bit of a mess, recently ive been goin over the files and I am finding lots of errors with the origional case.
Click to expand...

Well on what grounds would you be going back? That you failed to provide yourself with a competent defense??? It is not going to fly, you choose to represent yourself and you carry the consequences.
 
have you considered trying to settle for less than the judgement on the basis that they would then vacate the judgement, so it would not be live against you?

As others have said, you have no hope of going back to court to get the thing reopened.
 
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