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.
جائزہ
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.
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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
اخراجات
اہم انتباہات
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.