What to Do If a Default Judgment Was Entered Against You
A default judgment is a civil court judgment entered because no defence was filed in time. It is enforceable but can often be set aside — you must act quickly and show a real prospect of defending the claim.
Quick Answer
A default judgment is serious but not necessarily final. You can apply to have it set aside under CPR r.13. You need to demonstrate a real prospect of successfully defending the claim (or another good reason) and apply promptly. File Form N244 with a supporting witness statement and draft defence. In the meantime, apply to stay any enforcement action.
Full Explanation
A default judgment is entered by the court when a defendant fails to file an acknowledgement of service or defence within the permitted time. It is a legally valid court judgment enforceable in exactly the same way as a judgment obtained after a full trial. Enforcement methods include charging orders on property, attachment of earnings orders, third-party debt orders (freezing bank accounts), and High Court writ of control (bailiffs).
However, default judgments are distinct from judgments obtained after a hearing, because the merits of the claim were never tested. For this reason, CPR Part 13 gives the court power to set them aside. Setting aside as of right (r.13.2) applies where the claimant was not entitled to default judgment — for example, where the claim was served at the wrong address, time for filing a defence had not actually expired, or the claim is one that cannot be disposed of by default judgment (such as certain possession claims). You do not need to show a defence in these circumstances.
In all other cases (r.13.3), the court has a discretion to set aside if the defendant can show either: (a) a real prospect of successfully defending the claim; or (b) some other good reason why the judgment should be set aside or varied. The court must also consider whether it would be just to set aside having regard to all the circumstances — including the promptness of the application, the conduct of both parties, the merits of the defence, and any prejudice to the claimant.
The application is made on Form N244 at the court that entered the judgment, supported by a witness statement explaining: when and how you learned of the judgment; why the defence was not filed in time; and the merits of your defence (a draft defence must be attached). The court will list a hearing and consider both parties' submissions. A costs order against you is likely even if the set-aside is granted, to compensate the claimant for the additional steps necessitated by your default.
If enforcement action has already begun — for example, a charging order application or enforcement agent visit — apply urgently to the court for a stay of enforcement pending the hearing of the set-aside application. This is done on Form N244 with a specific request for an interim stay.
Legal Basis
- §Civil Procedure Rules 1998, Part 12 (default judgment procedure)
- §Civil Procedure Rules 1998, r.13.2 (mandatory set-aside)
- §Civil Procedure Rules 1998, r.13.3 (discretionary set-aside)
- §Regency Rolls Ltd v Carnall [2000] EWCA Civ 379 (good reason for set-aside)
What To Do
Do Not Ignore Any Enforcement Correspondence
If you receive notice of a charging order application, attachment of earnings, or an enforcement agent visit, apply immediately to the court for a stay of enforcement pending a set-aside application. Use Form N244 with a specific request for an interim stay.
Obtain a Copy of the Judgment
Contact the court to obtain full details of the default judgment — the claim number, the judgment amount, the claimant's details, and the date it was entered. This information is needed for the set-aside application.
Draft a Witness Statement
Prepare a witness statement in your own name explaining: when you first became aware of the claim; why the defence was not filed in time (for example, the claim was served at a wrong address, you were in hospital, or you misunderstood the procedure); and your proposed defence. Attach all supporting documents.
Draft a Proposed Defence
Attach a draft defence to your witness statement. The defence need not be fully pleaded at this stage, but it must identify the key grounds on which you dispute the claim and show a real prospect of success. Generic denials are insufficient.
File Form N244 and Serve on the Claimant
Complete Form N244 seeking an order that the default judgment be set aside and that you be permitted to file the attached draft defence. Pay the required fee. File at the court and serve a copy on the claimant's solicitors. The court will list a hearing.
Important Deadlines
Important Warnings
Speed is critical. Courts have repeatedly refused set-aside applications where defendants delayed for weeks or months after learning of the judgment.
A CCJ (County Court Judgment) will appear on your credit record for six years from the date it was entered, even if subsequently set aside — though it will be marked as set aside. Act quickly to minimise this impact.
Do not simply pay the judgment amount if you wish to contest it — payment may be treated as acceptance of the judgment. If you wish to pay under protest while pursuing a set-aside, make this clear in writing.