Apply to stay the writ and set aside the judgment

If bailiffs contact you about a judgment you knew nothing about, you can apply to stay the writ and set-aside the judgment.^[1][2]

You must satisfy the court that you were not present at the hearing and prove that you did not get the claim form.^[2][3]

To prove your grounds, you must give evidence the address on the original judgment is not current,^[4] or you have good reason for not attending, and your defence has a reasonable prospect of success.^[5]

Get a copy of the original judgment from trustonline.org.uk operated by HM Court Service, then contact the court and ask for a copy of the claim form.

Complete a form N244 application notice^[6] and make a witness statement setting out your defence.^[7]

Apply to the High Court to stay the enforcement and set-aside the judgment, the court will stay the writ of control and transfer the claim back to be re-heard at the county court.^[2]

When the application is made, the enforcement is suspended pending further order by the court^[8] and you may transfer the hearing to your home county court.^[9]

All enforcement fees and charges are cancelled.^[10][11] If the bailiff has already taken them, ask the bailiff company to return the money into your bank account.

If the bailiff company does not return your money, you may recover them by applying for a detailed assessment,^[12][13] and apply for your costs on an indemnity basis,^[14] or if you are representing yourself in person, you can apply for your costs at £19 an hour plus your expenses.^[15][16]