Solicitors sued me for so called unpaid bils , photocopies,

Question

Answer 1

Solicitor: Leon, Solicitor replied 11 years ago

Good Evening

You have to file an application with the court to set aside the judgement and to be allowed to file a defence.

The LPB will not do anything about the judgement only will deal with the Solicitor.

Damages are allowed when you have suffered loss. In this case I do not believe you will be awarded any damages. The court may set aside the judgement but you will have to pay the costs incurred by the Solicitor in getting judgement.

If you are then successful in your defence the court can be asked to award you costs.

I hope this is of assistance and if so please click on the accept button.

Answer 2

Solicitor: Leon, Solicitor replied 11 years ago

Good Afternoon

The LBP will not set aside the judgement.

You need to go to the court that entered the judgement and file application to have the judgement set aside.

If you do not for the application the judgement will stay as it is.

You can not bring an action against the officers of the court they are only doing their job. If you fail to defend an action within the specified time, the party that files the initial action has the right to seek judgement against you by default.

This is what has happened here. It is now your job to go back to the court and seek an order that the judgement be set aside on the basis that you have a valid defence and that should also be filed at the time the show the court you have a defence.

The setting aside of the judgement will then be set down for a hearing and you will put your side forward to the magistrate why the order should be granted. If it is granted then the judgement is set aside and the matter will run its normal course.

The court officers had done nothing wrong apart from doing their job.

I hope this is of assistance and if so please click on the accept button

Answer 3

Solicitor: Leon, Solicitor replied 11 years ago

Good Afternoon,

You need to file the application with the court. Somehow you need to get their application to the court either by posting it or getting a solicitor in South Australia to do it for you.

There is no real timeframe it depends on when you discovered that they had obtained judgement against you.

It has been years then you may have difficulty.

The LBP may take action against the law firm but not against court staff.

If they breach the court rules then they will take an action against them.

You can use the failure by them to comply with the 90 day variation to have the judgement set aside.

After the judgement has set aside when the Matter is listed for hearing you will have to appear in court.

I hope this is of assistance and if so please click on the accept button.

Answer 4

Solicitor: Leon, Solicitor replied 11 years ago

Good Evening

Good Luck with it.

Solicitors sued me for so called unpaid bils , photocopies,

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