can i appeal against a money judgement?

[pinkfluffo]

Just wondered if i would be able to appeal against a money judgement if one were to be issued against me?
Would i get a chance to appeal or explain the situation first? Or can anyone just issue one and you have no choice but to pay?
Would appreciate some advice thanks.

[anniebird]

If you are talking about a County Court Summons then the first thing to happen is that a person or a company takes out a summons alleging that you owe money. You then have the right to put in a defence to say that you do not. There is a time limit on this so read the paperwork carefully. Once you have put in your defence the claimant can accept it and withdraw the action or can ask the court for a hearing so that you can both have your say before judgement is given. If you do not put in a defence then judgement will be given by default.

[themas]

To add to the previous answer, if for any reason you do not know about the issue of the claim & the judgement (say you have moved home & the creditor does not know your new address - all they have to do is use the last one they know), then if you become aware of the case later on you can apply to Court for the judgement to be varied or - if it is likely that the decision would have been different had your side of the case been heard - for it to be set aside.

[pinkfluffo]

I basically am being threatened with a money judgement for money that i do not owe and is not my responsibility. I have paperwork and evidence to prove that i am not responsible for the debt but this company basically wants the money from someone and is threatening me with legal action, money judgements etc.
Just wanted to make sure that if someone applied for legal action or something to recover debts, that i would at least get a say in the matter or a chance to defend myself rather than them just applying and saying i owe them money and me being forced to pay it just because they have told the courts or whoever that i am responsible.
And also im assuming they would have to explain the situation when they ask for a money judgement to be issued against me and why they are asking for it?
Thankyou.

[themas]

When they issue their Court claim, a copy is sent to you. If you dispute it (as you will) then you need to fill in the form saying you do not owe the money. You can then send your proofs (copies only - keep the originals) with the form. Make sure you send it off first class recorded delivery, or hand it in to the Court if it is local and get a receipt.

The Court then sends your response to the claimant. If the claimant does not withdraw, the case will go to Court and there will be a hearing, at which you can be present and make your case. The claimant has to provide evidence to prove to the Court's satisfaction that you do owe the money - otherwise they will not get a judgement in their favour.

[pinkfluffo]

Thanks very much. Really appreciate the help. xx