Default judgment in UK civil courts. What it is and how to set it aside.

You've ignored a court letter. Or you didn't see it. Or you saw it but didn't understand it. Now someone has told you that a "default judgment" has been entered against you, and you're not sure what that means or what you should do next.

The first thing to know: a default judgment is not the end. It can be challenged. But it comes with real consequences if you do nothing, and the sooner you act, the better your position.

Here's what you need to understand.

The short version

A default judgment is a court decision made without a hearing. It happens when a claimant sues you, you don't file a Defence within the deadline, and the court enters judgment in favour of the claimant without taking your side into account. The claimant gets what they asked for, often plus court fees and interest. If you don't pay within 30 days, it appears on the County Court Judgments Register (now part of the national Credit Enforcement System), which affects your credit record for 6 years. You can ask the court to set aside (cancel) the judgment, but you have to be quick and show good reason.

At a glance

What is default judgment

Default judgment is the formal entry of judgment by the court without a trial or hearing. It happens because you haven't replied to the claim within the time the court rules allow. In UK civil courts, this is governed by Civil Procedure Rules Part 12.

Here's the sequence:

1. A claimant issues a claim against you and serves it on you.
2. You have a deadline to either Acknowledge Service of the claim (Form N9) or file a Defence (Form N11 or Defence document).
3. If neither you nor a solicitor acting for you acknowledges or files a defence within that deadline, the claimant can ask the court to enter judgment in their favour without holding a hearing.
4. The court grants the request and enters judgment. You now legally owe the money claimed.

The court does not contact you to say "here's your last chance" or "we're about to do this unless you reply". It happens automatically once the deadline passes. That is why missing the deadline is so serious.

When can default judgment be entered

Default judgment can be entered only when all of these conditions are met:

• The claim was properly served on you (or on a solicitor representing you)
• The deadline for Acknowledging Service passed without you acknowledging
• No Defence was filed by the deadline
• The claimant filed a request for default judgment (usually on Form N225)
• The claim is for a fixed amount of money (not a claim for damages or other relief)

The last point matters. Default judgment can be entered on fixed-sum claims. These include claims for the return of goods, rent arrears, breach of contract where the amount is fixed, payment of invoices, and similar. It cannot be entered on claims for damages (personal injury, breach of warranty, professional negligence) because those require a court to work out what sum is owed.

The deadline to acknowledge or defend is usually 14 days if you are served in England and Wales. If you are served outside England and Wales it is longer, typically 28 days. If you receive the letter and are confused about the deadline, check the claim form itself. It sets out clearly when the deadline is.

What amount is entered

The judgment enters for the sum claimed in the Particulars of Claim, plus all court fees paid by the claimant up to that point, plus interest. Interest accrues from the date of the claim until judgment at the rate specified in the claim (if any), or at the statutory rate (currently 8% per annum) if the claim doesn't specify a rate. After judgment is entered, further interest accrues on the total until it is paid.

If the claim is for GBP 5,000 plus court fees of GBP 355 plus interest from 12 months earlier at 8%, the judgment might be for GBP 5,760. If you don't pay it immediately, interest continues to run.

This is why even a small missed letter can balloon quickly.

Credit record effect (the CCJ consequence)

When a judgment is entered, it is recorded on the County Court Judgments Register if it is not paid within 30 days of the judgment date. (The terminology has changed, but "CCJ" still means County Court Judgment and is the common shorthand.)

Once registered, the judgment appears on your credit file and is visible to credit referencing agencies, mortgage lenders, and employers who run credit checks. It affects your credit score significantly. You will find it harder to borrow money, apply for a mortgage, rent a property, or get a mobile phone contract.

The judgment stays on the register for 6 years from the date it was entered, even if you pay it later. However, if you pay the judgment debt in full within 30 days of the judgment date, you can apply to have it removed from the register. Once removed, it is as though the judgment never appeared on your credit file. The 30-day window is strict. After 30 days, even if you pay, the judgment stays on the register for the full 6 years.

This is why speed matters. If you notice the judgment quickly and pay it within 30 days, you can avoid the 6-year credit damage. If you don't find out until day 40, the damage is done.

Enforcement options available to the claimant

Once a judgment is entered, the claimant can pursue several enforcement routes if you don't pay. They can:

• Issue a Warrant of Control. This allows a court bailiff to visit your home or workplace to seize and sell goods to cover the debt. The bailiff can enter if you let them in, or they can force entry if necessary. Goods seized are sold at auction and the proceeds go to cover the debt plus bailiff fees.
• Apply for an Attachment of Earnings Order. If you are employed, the court can order your employer to deduct money from your wages and send it to the court to pay off the judgment. This is disclosed to your employer and can be embarrassing.
• Apply for a Charging Order. If you own a property, the court can register a charge against it. This does not force an immediate sale, but if you sell or refinance the property, the charge means the debt must be paid from the sale proceeds.
• Apply for a Third-Party Debt Order. If the court knows you have money sitting in a bank account, they can freeze it and use it to pay the judgment.
• Apply for a Judgment Summons or Committal Order. If you have the money and simply refuse to pay (or deliberately hide assets), the court can order you to prison. This is rare but it can happen.

Each of these options requires the claimant to apply to court and pay further fees. But the point is that once a judgment is entered, you have limited protection. The claimant has several levers to enforce the debt.

Setting aside a default judgment (CPR Part 13)

You can ask the court to cancel (set aside) a default judgment. This is your main remedy if you believe the judgment was wrongly entered or if you have a defence to the claim.

The process is governed by Civil Procedure Rules Part 13.

There are two grounds for setting aside:

Mandatory grounds (Part 13.2)

The court must set aside the judgment if:

• The claimant failed to serve the claim properly, or
• You were not given proper notice of the claim, or
• The judgment was entered in breach of the rules (for example, entered by mistake or on a date when the deadline hadn't actually passed)

These are rare, but if they apply, the court has no choice. It must set the judgment aside.

Discretionary grounds (Part 13.3)

If the mandatory grounds don't apply, the court can still set aside the judgment if you convince the judge that:

• You have a real prospect of successfully defending the claim, or
• There is another good reason why the judgment should be set aside

"Real prospect of defence" means the court thinks a judge hearing your case would find you have a reasonable case. It is a low bar. You do not have to prove you will win. You just have to show that your defence is not hopeless.

The second option is broader. "Another good reason" can include: you didn't receive the letter, you were abroad and didn't see it, you misunderstood the deadline, your solicitor made a mistake, or you have found evidence that contradicts the claim.

How to apply to set aside a default judgment

The procedure is set out in Civil Procedure Rules Part 13 and the online court guides.

Here are the steps:

1. File an N244 application form (Application Notice). This is a form that tells the court what you're asking for (to set aside the judgment) and why.
2. File a witness statement or evidence setting out: why you didn't acknowledge or defend the claim (did you not receive it, did you misunderstand, etc.), and what your defence is (why you don't believe you owe the money).
3. Pay the court fee. As of 2026 this is GBP 275 for an application under Part 13.
4. Serve the application and evidence on the claimant (or their solicitor) at least 3 days before the hearing.
5. Attend the hearing (or submit written evidence if the judge allows it).

The application is heard by a judge in private. The claimant gets a chance to respond. The judge then decides whether to set aside the judgment.

If the judge sets it aside, the case proceeds as normal. You have to file a Defence within 28 days (or a shorter period the judge sets). If the judge refuses to set it aside, the judgment stands and you can appeal (but an appeal is expensive and requires the judge to have made an error of law, not just a discretionary call against you).

Day to day for a defendant who finds they have a default judgment

This is what to do if you only just found out:

1. Stop and breathe. Default judgment is not final. You have options.
2. Check the date of the judgment. If it is within 30 days and you can pay the full amount, consider paying immediately. This removes it from the credit register within 30 days.
3. If you cannot pay, or you dispute the claim, contact a solicitor or legal adviser to discuss setting it aside. The deadline to apply is typically 28 days but urgent applications are possible if you are just outside the deadline.
4. Gather any evidence you have that shows you don't owe the money or that you have a good reason for not having filed a Defence (letters showing you didn't receive the claim, emails showing you were abroad, etc.).
5. Speak to the claimant. Sometimes a letter to the solicitor saying "I intend to set this aside and defend the claim" can prompt settlement negotiations. Not always, but it is worth trying before committing to a court fight.
6. File the N244 application if you decide to proceed. Make sure you file it at court and serve it on the claimant in time.

Common misconceptions

"Default judgment means I have lost and can't fight back." False. You can set it aside and defend the claim.

"I have 6 years to set aside the judgment." False. You have about 28 days, unless the court is persuaded to give you extra time in an urgent application.

"If I pay the judgment, it disappears from my credit file immediately." False. It disappears if you pay within 30 days. After that, it stays for 6 years even after payment.

"The court always sides with the claimant on default judgment." The court enters the judgment mechanically if the deadline is missed, but setting-aside applications are given real consideration. The bar is not high (real prospect of defence). Many are granted.

"I can ignore a default judgment and it will go away." No. The claimant can enforce it by Warrant of Control, attachment of earnings, charging order, or bank account freezing. It will not fade away.

Related concepts

If you found this page useful, these terms come up in the same conversations and may be worth understanding:

• Particulars of Claim. The formal document that sets out the claimant's case and the amount claimed.
• Acknowledgment of Service. A form you file to say "I received the claim and I will file a Defence later."
• Defence. The court document where you set out your response to the claim and why you don't believe you owe the money.
• Warrant of Control. The court order that allows a bailiff to seize your belongings to satisfy a judgment debt.
• Attachment of Earnings Order. A court order deducting money from your wages to pay a judgment.
• Charging Order. A court order registering a charge against your property to secure a judgment debt.
• County Court Judgments Register. The public register where unpaid judgments are recorded. Now part of the national Credit Enforcement System.
• Civil Procedure Rules. The rules that govern court procedure in civil cases in England and Wales.

Sources

The information on this page is based on:

• Ministry of Justice and Her Majesty's Courts and Tribunals Service. Civil Procedure Rules Part 12 and Part 13. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12 and https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13
• Citizens Advice. Information on default judgments and credit records. https://www.citizensadvice.org.uk/about-us/our-work/policy/policy-issues/debt-and-money-policy-resources-and-consultation-responses/
• The Gov.uk Civil claims guide. https://www.gov.uk/make-court-claim-for-money
• Registry Trust. The County Court Judgments Register. https://www.gov.uk/government/organisations/registry-trust

This page was reviewed for accuracy on 2026-05-28. UK civil procedure rules change occasionally. Check the Ministry of Justice website and the Gov.uk pages for current information.

A note on what this page is and isn't

This is information about UK civil procedure. It is not legal advice. It describes how default judgments work, not what you should do in your particular situation. If you have a specific legal problem, talk to a solicitor about it.

CaseCalm helps people understand UK court procedures and draft their own documents. We are not a law firm and we are not authorised by the Solicitors Regulation Authority. When your situation needs real legal advice, we point you to qualified professionals.

If you have a default judgment against you and want to discuss setting it aside, a solicitor can review your papers, assess your options, and prepare your application.

Written by Peter Kolomiets. Reviewed for accuracy 2026-05-28. Comments or corrections to peter@casecalm.com.