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It happens more often than it seems: one day you suddenly find out about the existence of a court decision issued in a case you did not even suspect. Such a decision, made in your absence, is called a default judgment. You do not agree with it, but how do you return the case for consideration? In fact, this is not the end of the story, but only the beginning of the process of challenging the default judgment.
The legislation provides mechanisms to protect your rights, regulated by the Civil Procedure Code of Ukraine (CPC). The main thing is to act quickly and in a legally competent manner.
A judge has the right to issue a default judgment only in strict compliance with a number of conditions. If even one of them is violated, this is already a solid basis for reviewing the default judgment.
Under Article 280 of the CPC of Ukraine, default proceedings are possible only if the following points are simultaneously observed:
Proper notification. You, as the defendant, were duly notified of the exact date, time and place of the court hearing.
The absence of reasons. You did not appear at the hearing and did not inform the court of the valid reasons for your non-appearance.
Ignoring the response. You did not file with the court a statement of defense to the statement of claim.
The plaintiff’s consent. The plaintiff did not object to such a simplified resolution of the case.
It is important to know: if there are several defendants in the case, default proceedings are possible only if none of them appeared.
Your first and most important step is to obtain full information.
Immediately familiarize yourself with the case file and obtain a copy of the default judgment.
Deadlines matter! An application for review of the default judgment may be filed within thirty days from the day it is announced.
Even if the 30 days have passed, you should not despair. Lawyers know about an important nuance that makes it possible to “revive” old cases:
If the full text of the default judgment was not delivered to you on the day it was announced, you have the right to file a motion for restoration of the missed deadline within twenty days from the day you actually received the full text of the decision.
Thanks to this rule, experienced lawyers can successfully challenge a default judgment, even if years have passed since it was announced!
File with the court that made the decision an application for review of the default judgment.
If you missed the 30-day deadline, be sure to attach a motion for restoration of the deadline, arguing that you were not duly notified or received a copy of the decision late.
In the application, clearly state the valid reasons for your non-appearance (for example, illness, a business trip) and the evidence you are relying on, proving that it is of essential importance for the correct resolution of the case on the merits.
An application for review of the default judgment is considered at a court hearing with your participation.
Based on the results of the consideration, the court may make one of two decisions:
Cancel the Default Judgment: This happens if the court establishes that you did not appear for valid reasons and that your new evidence may radically change the course of the case. In such a case, the court schedules a new hearing of the case.
Leave the Application Unsatisfied: This means that the court did not see sufficient grounds for cancelling the decision.
If the court of first instance refused to cancel the default judgment, a new opportunity opens up for you. You have the right to file an appeal!
Deadline: For an appeal against a default judgment, 30 days are given from the day the ruling refusing the review is issued.
Professional support in this process is the guarantee that all deadlines and legal subtleties will be taken into account, and your rights maximally protected.
You open a postal envelope and see: the court has issued a decision that concerns you, but you knew nothing about it! This unpleasant situation, when a court verdict is issued without your participation, is called a default judgment. Fortunately, this is not a final verdict. The legislation of Ukraine (in particular, the Civil Procedure Code, CPC) provides a clear action algorithm to challenge this document and resume the consideration of the case.
What to do when you have received a default judgment, and how to find grounds for its cancellation, is explained by an experienced lawyer.
A default judgment is not issued just like that. The court resorts to this step in order not to drag out the process, but only in strict compliance with several conditions established by the CPC:
Proper notification: You, as the defendant, are considered by the court to have been duly notified of the hearing (usually by sending a summons to the registered address).
Non-appearance without valid reasons: You did not appear in court and did not report the reasons for your non-appearance.
The absence of an application or response: You did not file with the court an application to consider the case in your absence, nor did you send a statement of defense to the statement of claim.
The plaintiff’s consent: The plaintiff does not object to default consideration of the case.
Attention: If you did not actually receive the summons (you were on a business trip, abroad, or simply do not live at the registered address), you have a strong basis to assert that you were not duly notified, and to demand a review of the default judgment.
The path to cancelling a default judgment begins with an investigation that you conduct yourself or with the help of a lawyer.
It is necessary to obtain the maximum information, even if you did not receive a copy of the decision by mail (it probably returned to the court after the expiry of the storage period).
File an application for familiarization with the case file.
Photograph all documents, paying special attention to:
The proof of sending the summonses: If the envelope is unopened, this indicates non-delivery.
The delivery notification: The absence of your personal signature (or the recipient’s surname) may also be evidence of improper notification.
An announcement in a newspaper: If you have no registered address, the court could have summoned you through a publication.
The plaintiff’s consent to default proceedings.
You have thirty days from the day the default judgment is announced to file an application for its review. If the full text of the decision was not delivered to you on the day of announcement, the deadline can be restored by filing an application within twenty days from the day of delivery of the full text (Article 284 of the CPC of Ukraine).
In the application, be sure to indicate that you did not actually receive the court summons (or that you had a valid reason for non-appearance).
If you missed the deadline, be sure to attach a motion for restoration of the deadline for filing the application, since you also did not receive the decision itself.
In the application, you need not only to explain why you were absent, but also to prove to the court that your arguments are of decisive importance.
Circumstances That Override the Decision: Describe in detail why the court had no right to issue a default judgment (for example, the non-appearance of several defendants, the absence of the plaintiff’s consent, and so on).
Your Objections on the Merits: Set out all your counterarguments against the claim (the missing of the limitation period, the unproven nature of the demands, the existence of another court decision, and so on).
The court considers an application for review of the default judgment within a 15-day period. Your non-appearance at this consideration is not an obstacle.
Cancellation of the Decision: If the court satisfies your application, the default judgment is cancelled, and the case is scheduled for consideration in the general procedure. Do not forget to obtain the ruling on cancellation and submit it to the enforcement service to close the enforcement proceedings (Article 49 of the Law of Ukraine “On Enforcement Proceedings”).
Refusal to Satisfy: If the court leaves the application unsatisfied, you have thirty days to file an appeal against the default judgment. The deadline is counted from the day the ruling leaving the application unsatisfied is issued (Articles 287, 354 of the CPC of Ukraine).
Important: If the court again issues a default judgment against you due to your repeated non-appearance, it can no longer be challenged through the review procedure, only through an appeal.
That is why it is important not only to cancel the old decision, but also to actively participate in court hearings in the future. Turning to a civil law lawyer will help you go through this process without mistakes.
It is a decision made without the participation of the defendant, if they were duly notified of the hearing, did not appear without valid reasons and did not file a response, and the plaintiff is not against default consideration.
An application for review of the default judgment may be filed within 30 days from the day of receiving its copy. If this deadline is missed, the decision enters into legal force.
With the same court that made the default judgment. The application is considered at a court hearing with your participation, and the court may cancel the decision and resume the consideration of the case.
Record the date of receipt, familiarize yourself with the case file, gather evidence of the validity of the reasons for non-appearance, and turn to a lawyer as soon as possible so as not to miss the deadline.
Yes. If the court refused the review, the decision is challenged on appeal. The optimal strategy depends on the circumstances of the case, so it is worth consulting a lawyer.
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