Applying to Set Aside a Default Judgment
How to apply to the County Court to cancel a default judgment entered against you when you did not file a defence.
Overview
A default judgment is entered by the court when a defendant fails to acknowledge service or file a defence within the time allowed (usually 14 or 28 days after service). Under CPR r.13.2, a default judgment must be set aside in certain cases (e.g. the defendant paid before judgment). Under CPR r.13.3, the court has discretion to set aside a default judgment where the defendant has a real prospect of successfully defending the claim, or there is some other good reason. Acting promptly is critical.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves applying to set aside a default judgment.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Obtain and Review the Judgment
Request a copy of the judgment and the original claim from the court. Check the details: the amount, the claimant's name, the basis of the claim, and whether the claim was properly served at your correct address. If you were not aware of the claim because it was sent to an old address, this is a strong ground for setting aside. If you were aware but simply did not respond, you must show a real prospect of success.
- Check whether you were served at your registered address (for a company) or last known address (for an individual)
- Improper service is a strong ground for setting aside — the court may set aside as of right rather than at its discretion
- Check the Register of Judgments (trustonline.org.uk) to see whether the judgment has already been registered
Prepare Your Application and Draft Defence
File an application notice (form N244) at the court that entered the judgment. The application must: state the grounds for setting aside, exhibit a draft defence (your written response to the claim), and include a witness statement explaining why you did not respond to the original claim and setting out your defence. The court fee for an N244 application (requiring a hearing) is £275.
- The draft Defence must show a 'real prospect of successfully defending the claim' — more than a bare denial is required
- Your witness statement should honestly explain why you did not respond to the claim (wrong address, illness, etc.)
- Apply as soon as possible — delay in applying is a factor the court weighs heavily
Attend the Hearing
The court will list a hearing at which both you and the claimant can make submissions. Bring your evidence and draft Defence. The judge will apply the CPR r.13.3 test: (1) does the defence have a real prospect of success, or (2) is there some other good reason to set aside? If the answer is yes, the court will normally set aside the judgment and give you a date to file your Defence.
- Be prepared to explain clearly why you did not respond to the original claim
- If the claim is for a debt you genuinely owe, consider negotiating a settlement rather than contesting — costs will escalate if the matter proceeds to trial
- The court may impose conditions when setting aside — e.g. payment of the admitted amount into court as security
File Your Defence
Once the judgment is set aside, the court will give you a date to file your Defence. The case then proceeds in the normal way — the defendant has the opportunity to dispute the claim and the matter is allocated to the appropriate track. Ensure your Defence is comprehensive and complies with CPR r.16.5.
- A Defence must respond to each paragraph of the Particulars of Claim — admitting, denying, or requiring the claimant to prove each point
- If you have a counterclaim, include it in the Defence
- Consider mediation — the Small Claims Mediation Service is free for claims under £10,000
Protect Your Credit File
While you are applying to set aside, the CCJ remains on the Register of Judgments. Once the judgment is set aside, write to the Registry Trust (trustonline.org.uk) with a copy of the set-aside order — the judgment should be removed from the register within a few days.
- Obtain a certified copy of the set-aside order from the court
- Check your credit report after a few weeks to confirm the judgment has been removed
- If the creditor registered the CCJ with a credit reference agency, notify the CRA with the set-aside order
Costs
Important Warnings
Acting promptly is essential — significant delay in applying to set aside is a strong reason for the court to refuse the application.
Applying to set aside does not stop enforcement action automatically — you may need a separate application for a stay of execution.
If you have no genuine defence, setting aside the judgment simply prolongs the proceedings and increases costs for both sides.
Useful Links
Frequently asked questions
- How long does the applying to set aside a default judgment process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Do this immediately on discovering the judgment"; "Apply immediately — do not delay"; "Hearing usually listed within 4–6 weeks of application"; "Usually 14–28 days from the set-aside order". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: N244 application (requiring a hearing) — £275; N244 application (without a hearing) — £119; Removal from Judgments Register — Automatic once set aside. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Acting promptly is essential — significant delay in applying to set aside is a strong reason for the court to refuse the application.; Applying to set aside does not stop enforcement action automatically — you may need a separate application for a stay of execution.; If you have no genuine defence, setting aside the judgment simply prolongs the proceedings and increases costs for both sides.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Form N244 Application Notice; CPR Part 13 — Setting Aside Default Judgments; Registry Trust — Judgments Register. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.