In debt cases, you as the respondent may apply to have a judgment in default made against you amended or cancelled for valid legal reasons. This is called having a judgment set aside or varied. There are many reasons or grounds for setting aside a judgment, for example if the judgment was obtained by:
- Fraud
- Misrepresentation
- Surprise
- Mistake
- Or other sufficient grounds
Judges will consider setting aside a judgment once they obtain written legal grounds on the appropriate legal documents. You will have to pay court fees on these documents.
The information below is specific to each court jurisdiction. Depending on the jurisdiction in which the judgment you wish to set aside was made, please click on the relevant tab.
Setting Aside a District Court Judgment in Default
You can apply to the District Court (in the court area in which the judgment in default was obtained) for an order to vary or set aside the judgment.
To do this, you must submit a completed Notice of Motion (Form 44.02), and a copy of it, to the court office where the judgment was processed. This is called submitting your motion.
In the Notice of Motion, you must:
- Set out clearly and briefly the reasons why you did not submit an Appearance form and serve an Appearance and Defence form.
- State the nature of the fraud, misrepresentation, surprise, mistake, or other sufficient grounds that your application relies on.
- Set out clearly and briefly your defence to the claims made in the Claim Notice. You must clearly state which claims in the Claim Notice you admit, do not admit, or deny, including any reasons for denial.
You should also submit a sworn Affidavit (template form that can be used) with this Notice of Motion, stating all relevant facts that you intend to use in court. You must pay court fees for both documents (for further information on paying court fees, please see below).
The court office will then issue the Notice of Motion for a court hearing date, and return a copy to you. You must then serve a copy of the Notice of Motion and the Affidavit on the claimant. For more information on serving and proof of service, please see our Serving and Proof of Service page.
If you wish to put a stay on proceedings, you must also lodge the total amount of the judgment (debt plus costs) in the court office.
At the hearing of the application in court, the judge may vary or set aside the judgment in question. They may also make a decision relating to costs, monies paid to the court, or any other order the court decides.
Note: If you or the claimant fails to follow an order of the court in a civil case, the judge may dismiss the case or strike out any defence or counterclaim if they consider it right and fair to do so. The judge may then proceed to give judgment or make an order (including an order for costs) as they decide.
District Court Fees
Original documents must be stamped with a court fee. You can pay the court fees at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex). You can pay these fees by card or cash.
Notice of Motion to set aside judgment: €15.
Affidavit: €15.
Setting Aside a Circuit Court Judgment in Default
You can apply to the Circuit Court (in the circuit in which the judgment in default was obtained) for an order to vary or set aside the judgment. This must be done no later than 10 days after you are aware of the judgment.
To do this, you must submit a completed Notice of Motion (Form 13), and a copy of it, to the court office where the judgment was processed. This is called submitting your motion.
Inthe Notice of Motion, you must:
- set out clearly and briefly the reasons why you did not submit and serve an Entry of Appearance form or serve a Defence form.
- state the nature of the fraud, misrepresentation, surprise, mistake, or other sufficient grounds that your Notice of Motion relies on.
- set out clearly and briefly your defence to the claims made in the Claim Notice (known as a Civil Bill in the Circuit Court). You must clearly state which claims in the Claim Notice you admit, do not admit, or deny, including any reasons for denial.
You should also submit a sworn Affidavit (template form that can be used) with this Notice of Motion, stating all relevant facts that you intend to use in court. You must pay court fees for both documents (for further information on paying court fees, please see below).
The court office will then issue the Notice of Motion for a court hearing date, and return a copy to you. You must then serve a copy of the Notice of Motion and the Affidavit on the claimant. For more information on serving and proof of service, please see our Serving and Proof of Service page. Service of the notice will not stop proceedings in the case, unless directed by the court.
On the hearing date, the judge may give directions to you relating to the submission of the judgment debt amount itself, any costs awarded against you, or any further sums the judge deems appropriate.
The Notice of Motion will not be heard until you have complied with any court directions, unless the court decides otherwise. At the hearing of the application in court, the judge may vary or set aside the judgment in question, or make any other order the court decides.
Circuit Court Fees
Original documents must be stamped with a court fee. You can pay the court fees at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex). You can pay these fees by card or cash.
Notice of Motion to set aside judgment: €60.
Affidavit: €15.
Setting Aside a High Court Judgment in Default of Appearance
You can apply to the Master/Deputy Master of the High Court for an order to vary or set aside the judgment in default.
To do this, you must submit a completed Notice of Motion (template form that can be used), and a copy of it, to the Central Office of the High Court. This is called submitting your motion.
In the Notice of Motion, you must:
- set out clearly and briefly the reasons why you did not submit and serve a Memorandum of Entry of Appearance form or serve a Defence form.
- state the nature of the fraud, misrepresentation, surprise, mistake, or other sufficient grounds that your application relies on.
- set out clearly and briefly your defence to the claims made in the Claim Notice (known as a Summary Summons in the High Court). You must clearly state which claims in the Claim Notice you admit, do not admit, or deny, including any reasons for denial.
You must also submit a sworn Affidavit (template form that can be used) with this Notice of Motion, stating all relevant facts that you intend to use in court. You must pay court fees for both documents (for further information on paying court fees, please see below).
The court office will then issue the Notice of Motion for a court hearing date, and return a copy to you. You must then serve a copy of the Notice of Motion and the Affidavit on the claimant. For more information on serving and proof of service, please see our Serving and Proof of Service page. Service of the notice will not stop proceedings in the case, unless directed by the court.
On the hearing date, the Master/Deputy Master may give directions to you relating to the submission of the judgment debt amount itself, any costs awarded against you, or any further sums the Master/Deputy Master deems appropriate. The Notice of Motion will not be heard until you have complied with any court directions, unless the court decides otherwise.
At the hearing of the application in court, the Master/Deputy Master may vary or set aside the judgment in question or make any other order the court decides.
Setting Aside a High Court Judgment in Default from the Master's/Deputy Master's Court
You can apply to a judge of the High Court for an order to vary or set aside (discharge) a judgment in default granted by the Master/Deputy Master of the High Court.
To do this you must complete and submit a Notice of Motion (template form that can be used), and a copy of it, in the Central Office of the High Court, within 6 days from the date the order is signed (perfected) by a court registrar to set aside the decision.
In the Notice of Motion, you must:
- state the nature of the fraud, misrepresentation, surprise, mistake, or other sufficient grounds that your application relies on.
- set out clearly and briefly your defence to the claims made in the Claim Notice (known as a Summary Summons in the High Court). You must clearly state which claims in the Claim Notice you admit, do not admit, or deny, including any reasons for denial.
- include a copy of the Judgment (Order) made by the Master/Deputy Master.
You must also submit a sworn Affidavit (template form that can be used) with this Notice of Motion, stating all relevant facts that you intend to use in court.
You must pay court fees for both documents (for further information on paying court fees, please see below). The court office will then issue the Notice of Motion with a court hearing date to you. You must then serve a copy of the Notice of Motion and the Affidavit on the claimant. For more information on serving and proof of service, please see our Serving and Proof of Service page.
High Court Fees
Original documents must be stamped with a court fee. You can pay the court fees at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex. You can pay these fees by card or cash.
Notice of Motion (Appeal) to set aside judgment: €60.
Grounding Affidavit: €20.
