At a glance

Quick answer

• Act fast. Get the court file, apply to set aside the judgment, and ask for a stay of execution to pause enforcement.
• Courts set aside default judgments for bad service or other good reason, plus a real defence on the merits.
• If enforcement started, target the specific step: garnishee on bank accounts or writ of fi-fa on goods.

First 5 moves

1. Confirm the basics. Note suit number, court, parties, judgment date, and amount.
2. Get Certified True Copies. Collect the judgment and proof of service to see why it was entered.
3. File two motions together. Application to set aside and stay of execution. Ask for an urgent date.
4. Show good cause and a real defence. Explain the default and attach a draft defence with triable issues.
5. Serve and follow up. Serve the claimant and any garnishee bank. Track the hearing.

Do not delay. Filing within days of discovery strengthens your case.

Step-by-step

If it escalates

• Bailiffs at your premises: Show your filed stay application and seek time to approach the court. Stay calm and document visits.
• Bank account frozen: File to discharge the garnishee order nisi and serve the bank with your motion and hearing date.
• Enforcement in another state: Check transfer or registration steps and attack irregularities.

Evidence & documents to gather

• CTC of the judgment, proof of service, and hearing notices.
• Bank letters on garnishee or account freezes.
• Receipts, contracts, emails, WhatsApp chats, call logs.
• Witness details and phone numbers.
• Medical, travel, or emergency proof explaining the default.
• Draft statement of defence.

Common mistakes to avoid

• Waiting. Delay weakens your “good cause.”
• Paying under pressure. Payment can look like admission. Get advice first.
• Applying without a defence. Always attach a draft defence with arguable issues.
• Ignoring default fees. Budget for daily default fees where applicable.

Costs & penalties to expect

• Court filing fees for motions and affidavits.
• Possible default fees for late procedural steps.
• Costs the judge may order as a condition for setting aside.
• Sheriff’s poundage or incidental enforcement costs if execution started.

Your rights at a glance

• To apply to set aside a default judgment and seek leave to defend.
• To request a stay of execution while the court hears your application.
• To challenge enforcement steps like garnishee or fi-fa if irregular or premature.

Micro story

On Monday, Ada tried to pay staff but her bank app showed a lien. She had never seen the claim form. Her lawyer got the court file the same day, filed to set aside with a draft defence, and asked for a stay. The judge paused enforcement and set a quick date. Ada lived to fight the case on the merits.

When to call a lawyer

• Your bank account is blocked or a garnishee order arrived.
• Bailiffs or sheriffs have served a writ or visited your premises.
• You were served by “substituted means” and doubt it reached you.
• You discovered the judgment late and need time extended.

FAQs

How fast must I act? Very fast. File within days of learning of the judgment. Speed strengthens your case.

What counts as good cause? Lack of service, serious illness, travel or emergency, or counsel’s excusable error, plus a real defence.

Can I appeal instead? You can, but a set-aside application is often the first tool after a default judgment. Get tailored advice.

Will paying part of the sum admit liability? It can. If needed, pay under a written “without prejudice” framework or consent order.