What Happens If a Default Judgment Is Made Against You?
A default judgment is entered when a defendant fails to respond to a court claim in time. It is not automatic that it will stand — you can apply to have it set aside.
Quick Answer
If a default judgment has been entered against you, you should apply to set it aside as soon as possible using Form N244. You need to show either that you have a good reason for not responding in time (discretionary set-aside) or that the judgment should not have been entered in the first place (mandatory set-aside). Once set aside, you can defend the claim properly.
Full Explanation
A default judgment is a judgment entered automatically under CPR Part 12 when a defendant fails to file an Acknowledgement of Service or a Defence within the required time (14 days from service of the Particulars of Claim, or 28 days if an Acknowledgement is filed). The claimant does not need a hearing to obtain a default judgment — it is entered by the court office on request.
A defendant who wishes to challenge a default judgment must apply to set it aside under CPR Rule 13. There are two routes. Under Rule 13.2 (mandatory set-aside), the court must set aside the judgment if it was wrongly entered — for example, the claim was issued prematurely, the debt had already been paid, or the defendant had not been properly served with the claim. Under Rule 13.3 (discretionary set-aside), the court may set aside the judgment if the defendant shows: a real prospect of successfully defending the claim; or some other good reason for setting it aside.
The courts apply a relatively liberal test for setting aside default judgments compared with the stricter relief from sanctions rules that apply to missed directions. However, the promptness of the application is relevant and significant delay will weigh against the defendant. The court will consider the overriding objective of dealing with cases justly.
If the default judgment is not set aside, the claimant can proceed to enforce it immediately using any of the enforcement methods available: county court bailiffs, attachment of earnings, third party debt orders, or charging orders against property. The judgment will also be registered on the Register of Judgments and will affect the defendant's credit rating for six years.
Practically, a defendant who receives a claim form should always acknowledge service (within 14 days) even if they are not ready to file a full Defence — acknowledging service gives them an additional 14 days to prepare the Defence and prevents default judgment being entered without further notice.
Legal Basis
- §Civil Procedure Rules, Part 12 (default judgment)
- §Civil Procedure Rules, Rule 13 (setting aside default judgment)
- §CPR Rule 6.14 and Part 6 (service of proceedings)
What To Do
Identify Why the Judgment Was Entered
Determine whether the claim was properly served on you and whether you received it. If you were not served correctly (e.g., served at a wrong address), the judgment may be set aside as of right under Rule 13.2.
Apply to Set Aside Immediately
Do not wait. File Form N244 with a supporting witness statement setting out: why you did not respond in time; why you have a real prospect of successfully defending the claim; and that you are applying promptly. Pay the court fee.
File a Draft Defence
Include a draft Defence with your application. The court needs to see the basis of your defence to assess whether it has a real prospect of success. A general denial is insufficient — set out specific points of dispute.
Attend the Hearing
The court will list the application for a short hearing. Both sides can attend and make submissions. If the application is granted, the default judgment is removed and you will be directed to file a Defence.
Pay or Negotiate if the Debt Is Valid
If you acknowledge the debt but cannot pay the full amount, consider contacting the claimant to offer a payment arrangement. This may avoid the cost and stress of litigation and may lead to the claimant agreeing to stay enforcement.
Important Deadlines
Important Warnings
A default judgment can be enforced immediately — the claimant does not have to wait before instructing bailiffs or applying for other enforcement.
If enforcement has already begun (e.g., bailiffs have attended), an application to set aside will not automatically stop enforcement — you may also need to apply for a stay of execution.
The CCJ will remain on the Register of Judgments for six years unless it is set aside or paid within one month of the date of judgment.