Appeals
Setting aside a judgment in a debt case
If a default judgment has been made against you in a debt claim, you may be able to apply to have it set aside (cancelled) or varied. This depends on the court that made the judgment, and you must have valid legal grounds such as fraud, mistake, or surprise. You will need to submit a formal application with supporting documents and court fees.
Table of contents
- Setting aside a District Court judgment
- Setting aside a Circuit Court judgment
- Setting aside a High Court judgment
- Support services
Setting aside a District Court judgment
You can apply to the District Court (in the court area where the judgment was made) to have the judgment varied or set aside.
To apply, submit a completed Notice of Motion (Form 44.02) and a sworn Affidavit to the court office. Include:
- Why you didn’t submit an Appearance and Defence form
- Your reasons for setting aside the judgment (e.g. fraud or mistake)
- Your defence to the claim
The court will issue a hearing date and return a copy of the Notice of Motion. You must then serve the Notice and Affidavit on the claimant. See our Serving and Proof of Service page.
If you want to stop the case from proceeding while your application is heard, you must lodge the full amount of the judgment with the court.
District Court fees
- Notice of Motion: €15
- Affidavit: €15
Setting aside a Circuit Court judgment
You can apply to the Circuit Court (in the relevant circuit) no later than 10 days after you become aware of the judgment.
Submit a Notice of Motion (Form 13) and an Affidavit to the court office. Include:
- Why you didn’t serve an Entry of Appearance or Defence
- Your reasons for setting aside the judgment
- Your defence to the claim (Civil Bill)
The court will issue a hearing date. You must then serve the documents on the claimant. See Serving and Proof of Service.
The judge may give directions, including lodging payment of the judgment debt. The case will not be heard until those directions are followed, unless the court says otherwise.
Circuit Court fees
- Notice of Motion: €60
- Affidavit: €15
Setting aside a High Court judgment
You can apply to the Master or Deputy Master of the High Court to vary or set aside a default judgment.
Submit a Notice of Motion and a sworn Affidavit to the Central Office of the High Court. Include:
- Why you didn’t serve a Memorandum of Appearance or Defence
- Your reasons for setting aside the judgment
- Your defence to the Summary Summons
The court will issue a hearing date. Serve the documents on the claimant. See Serving and Proof of Service.
If the judgment was made by the Master/Deputy Master, you can apply to a High Court judge to set it aside within 6 days of the order being signed. You must submit a new Notice of Motion, Affidavit, and a copy of the judgment order.
High Court fees
- Notice of Motion: €60
- Affidavit: €20
Support services
Support Services
Useful contacts that may help with your debt case or civil law matter.
