Stopping a default judgement

N

ngk72

Guest
I owe about €7500

This is a circuit court matter. Civil bill was issued. I entered an appearance. I did not enter a defence.

The plaintiffs solicitors are stating that unless I enter a defence, they will proceed to obtain default judgement.

Questions:
are default judgements dealt with by the circuit court office or do the have to appear before a judge?

If I now say I will pay all of the amount (it will have to be in installments), will this be enough to stop a default judgement?

If I offer to pay most but not all of it, will that stop a default?

If I apply for legal aid to defend the matter, will a letter from the legal aid board be enough to stop a default judgement ?

even if I pay it now, can they look for costs? If so is it possible to determine roughly how much?

Thanx for any help
 
"I owe about €7500"

Therein lies the problem. If you don't owe it or if you now pay it, there is no longer a problem.

"are default judgements dealt with by the circuit court office or do the have to appear before a judge?"

The office.

"If I now say I will pay all of the amount (it will have to be in installments), will this be enough to stop a default judgement?"

No. Best advice to a creditor is get the judgment anyway BUT hold it until the debt is entirely paid.

"If I offer to pay most but not all of it, will that stop a default?"

Only if the creditor accepts the sum in full and final settlement.

"If I apply for legal aid to defend the matter, will a letter from the legal aid board be enough to stop a default judgement ?"

There is no legal aid available for debts.

"even if I pay it now, can they look for costs? If so is it possible to determine roughly how much?"

Yes. Costs are lower for default judgments. Several hundred.

mf
 
Thanks for your help so far.

I contend that I do not owe all of it. However, going to court to prove this may be dearer than paying it.
I want to stop the default judgement in order to obtain time to consult with a solicitor as to whether I owe the amount or not. Without getting into details it is not a straightforward case.

I dont have any means and am looking for a way to stop the default now.

So, is the only definitive way to avoid a default judgement to pay it all now?

"Best advice to a creditor is get the judgment anyway BUT hold it until the debt is entirely paid."

doesn't this mean I still have a judgement against me, which is simply not enforced (i take it that is what yu mean by 'hold it') as long as I pay the instalments?

Surely there must be a way to pay in instalments without having a judgement against me?

"There is no legal aid available for debts"

I have a letter from the legal aid board accepting my application and that I am on the waiting list (5 months). They state that they don't prioritise debts but they DO deal with such cases.
So could I use such a letter to avoid the default judgement with the reason that I am entitled to a defence?
 
A defence must be entered or they will get a default judgement.
 
I contend that I do not owe all of it. However, going to court to prove this may be dearer than paying it.

Why don't you tell us your defence and you may get an idea on whether we think you have any chance with the defence and that won't cost you anything.