CCJ issued and don't owe the money

Sunshine1000

A CCJ has been issued (against my Sister in Law), which has been contested but to no avail and the court says she still has to pay the money WHICH SHE DOES NOT OWE.
An ex business partner has applied to the court for this CCJ creating invoices that are fake. I am sure this is fraud but we just don't know what to do. We cannot afford a lawyer and the CAB (Who were very good) just said that you can never win when you contest a CCJ.
If she just pays the money to get him off her back, he might just do it again, can he?
Any advice would be great
Thank you

Trajal

This may be an unusual suggestion but have you tried calling the police?

What you are alleging is highly illegal - presenting fraudulent documents to a court is an imprisonable offense.

pauletruth

hope you have proof of this. the judge must have been satisfied that a debt existed for ccj to be granted.

Sunshine1000

I don't think it has been considered, Thank you!

fatbelly

You say the claim 'has been contested but to no avail '. That infers that she put in a defence to the claim but the court ruled for the claimant.

If that isn't the case, then she can apply to have the judgement set aside but would need a 'defence with a reasonable prospect of success' and a valid reason why she did not defend the claim in the first place.

zzzLazyDaisy

Fatbelly beat me to it!

You say the court issued a CCJ which was contested.

This sounds like the first time the claim was disputed was when the CCJ was received. It is really very difficult to get a CCJ overturned at that stage.

The time to dispute the debt is when the court proceedings are first issued, which is when the defence should have been filed. There would then have been a court hearing where both sides have the opportunity to present their case before any decision is made, and before a CCJ is granted. This process takes months, and the parties have to comply with county court directions, before it gets to a hearing, so this is not something that has come out of the blue.

From what you say, it sounds possible that your sister-in-law did not file a defence to the action and/or did not attend the hearing, but only contested the case once the CCJ had been made?