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What is the difference between a "stay of execution" and "setting aside a judgement"?
What is the difference between a "stay of execution" and "setting aside a judgement" and in what circumstances are these used?
Once a judgement has been obtained it may need to be enforced if the defendant does not immediately pay up, of which execution of a warrant of possession (to obtain possession of land) or warrant of execution (to levy against goods to repay a money debt) are two types. A stay of execution means the judgement creditor cannot enforce his order by the means of enforcement he intended until the stay ends. In this case the judgement remains and if the defendant does not comply with the terms of the staying order (e.g. paying a debt by instalments) the judgement can be enforced again. Setting aside a judgement means that the claimant has to continue with his claim in order to obtain a judgement and the defendant may still successfully defend any claim against him.
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