Clearing your credit rating
Judgments and your credit record
A Petty Debts Court judgment is a record of what the Court says you owe the Plaintiff. It can affect your credit rating for up to 10 years from the judgment date. Judgments are enforced by the Viscount against your wages, bank accounts or assets.
The Court provides details of judgments it grants every week to Credit Agencies. They use this to inform your credit rating.
If a judgment was granted against you in your absence ("judgment by default"), simply paying the debt does not automatically amend the Court record.
To have a judgment removed from the Court record, you must bring an application to the Court to have the judgment abandoned (if you are the Plaintiff) or set aside (if you are the Defendant).
If your application is successful, the Court will amend its record and inform Credit Agencies, asking that they do the same. Note that the Court has no power to force Credit Agencies to update their records and thereby your credit rating.
Plaintiff: application to abandon judgment
If you believe that the judgment was taken in error (and the Plaintiff agrees) or if the debt was an oversight and you have now paid the sum claimed plus any additional costs granted by the Court, the Plaintiff may agree to return the case to court and apply for the judgment to be abandoned.
To do this, the Plaintiff must prepare an application and bring it to the Greffier to have the case listed. They must also pay a court fee, which they might charge you for.
The Greffier will fix a court date. You will receive a Notice of Application showing the date on which the application will be heard. It is unlikely that you will need to attend.
After the Court hearing, an Act of Court will be circulated to the Credit Agencies, stating that the judgment has been abandoned and expunged from the Court records, and requesting that they do the same.
Defendant: application to set aside judgment
If you dispute owing the money (or part of it) and you were unaware of the court proceedings, you may apply to the Court to set aside the judgment. You will need a genuine reason not to have been in court on the day the judgment was granted and must be able to put forward a genuine defence to the claim.
To make your application, you must provide to the Court:
- a sworn affidavit stating when and how you found out about the judgment, why you did not attend court on the day the judgment was granted, and explaining your defence to the claim.
- a Summons and application form duly completed,
- a stamped envelope addressed to the Plaintiff,
- a copy of the Treasury receipt showing you have paid your court fee online at Pay your court fees - Before you start - one.gov.je.
Use these specific templates for your Affidavit and Summons and Application Form.
The Greffier will post your Summons and a copy of your Affidavit to the Plaintiff, and will liaise with the Viscount to request that enforcement of the judgment be put on hold.
The application will be heard in court and the Judge will decide whether or not the judgment should be set aside. It is highly likely that the Plaintiff will attend to oppose your application.
If the Court grants the application, an Act of Court will be circulated to the Credit Agencies, stating that the judgment has been set aside and expunged from the Court records, and requesting that they do the same.
The original claim will likely be referred to mediation or alternatively the Court will make directions to progress the case to trial.
If the Court dismisses your application, the judgment will remain on your credit record and the Viscount will resume enforcement.