Setting aside a default judgment

Under Article 240(1) of the Code of Civil Procedure, the party against whom a default judgment was given may apply to the appellate court to set it aside within one month of service if that party was deprived of the opportunity to participate in the proceedings because: 1. The copy of the statement of claim or the summons to the hearing was not duly served; 2. Exceptional unforeseen circumstances prevented the party from learning in time that the copy of the claim or the summons had been served; or 3. Exceptional unforeseen circumstances which the party could not overcome prevented attendance in person or through a representative.

Where the conditions in Article 240(1) are met, the one-month period for applying begins on the date the judgment is served on the party concerned. This is a preclusive time limit: once it expires, the right to apply to set aside the default judgment lapses. Service of a copy of the judgment is a procedural safeguard for the right to apply; what matters is when notice can be shown to have reached the party.

Given a lawyer’s professional qualifications and experience, it is advisable to have a lawyer initiate proceedings to set aside a default judgment.

This article is not a legal opinion or legal advice about any particular person or situation. For assistance with a specific case, consult a lawyer.