Setting aside judgments in default

Setting aside a District Court judgment

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 with this Notice of Motion, stating all relevant facts that you intend to use in court. You must pay court fees for both documents.

The court office will 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 court hearing, the judge may vary or set aside the judgment. They may also make a decision relating to costs, monies paid to the court, or any other order the court decides.

Note: If either party fails to follow an order of the court, the judge may dismiss the case or strike out a defence or counterclaim. The judge may then proceed to give judgment or make an order (including for costs).

Setting aside a Circuit Court judgment

You can apply to the Circuit Court (in the circuit where 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, submit a completed Notice of Motion (Form 13) and a copy to the court office where the judgment was processed.

In the Notice of Motion, you must:

• Set out why you did not serve an Entry of Appearance form or Defence form.
• State the legal grounds you rely on (fraud, misrepresentation, surprise, mistake, etc.).
• Set out your defence to the claim in the Civil Bill, stating which claims you admit, don’t admit, or deny, and why.

You should also submit a sworn Affidavit with your Notice of Motion. Court fees apply to both documents.

The court office will issue the Notice of Motion with a court date and return a copy to you. You must then serve a copy of the Notice and Affidavit on the claimant. Serving the notice will not stop proceedings unless directed by the court.

At the hearing, the judge may give directions about the judgment amount, costs, or other orders. They may also vary or set aside the judgment.

Setting aside a High Court judgment

You can apply to the Master/Deputy Master of the High Court for an order to vary or set aside a judgment in default.

To do this, submit a completed Notice of Motion and a copy to the Central Office of the High Court.

In the Notice of Motion, you must:

• Explain why you didn’t submit or serve a Memorandum of Entry of Appearance or Defence form.
• State the legal grounds you rely on.
• Set out your defence to the Summary Summons (the High Court version of the Claim Notice).

You must also submit a sworn Affidavit with the Notice of Motion.

The court office will issue the motion with a court date and return a copy to you. You must then serve the Notice and Affidavit on the claimant. For more information, see Serving and Proof of Service.

On the hearing date, the Master/Deputy Master may vary or set aside the judgment, or issue other orders. They may give directions about the debt amount or costs. The hearing will not take place until any court directions are followed, unless the court decides otherwise.

Setting aside a High Court judgment from the Master/Deputy Master

You can also apply to a High Court judge to set aside a judgment in default granted by the Master/Deputy Master.

To do this, submit a Notice of Motion and a copy to the Central Office of the High Court, within 6 days from when the order was perfected (signed by the registrar).

In the Notice of Motion, you must:

• State your legal grounds for appeal (fraud, mistake, surprise, etc.).
• Outline your defence to the Summary Summons.
• Include a copy of the judgment/order being appealed.

You must also submit a sworn Affidavit with the motion. Fees apply.

The court office will issue the motion and return it with a hearing date. You must then serve the Notice and Affidavit on the claimant.

Court fees

• District Court: Notice of Motion: €15, Affidavit: €15
• Circuit Court: Notice of Motion: €60, Affidavit: €15
• High Court: Notice of Motion: €60, Affidavit: €20

You can pay court fees by card or cash at your local court office or (in Dublin) at the Stamping Office in the Four Courts complex.

For supports and useful contacts related to civil law, visit our Support Services page.