What Is Judgment in Default
Judgment in default is a judgment entered against a defendant who has failed to respond to a county court claim within the required time. The claimant does not need to prove their case at a hearing -- the judgment is entered administratively because the defendant has not contested the claim.
A default judgment is a real county court judgment with the same force as a judgment made after a contested hearing. It can be enforced, will appear on the defendant's credit record, and can be used to apply for a charging order against property.
How to Apply
If the defendant has not filed an acknowledgment of service within 14 days, or a defence within 28 days, of service of the claim, you can apply for judgment in default. You apply online at moneyclaim.gov.uk or by filing Form N225 (fixed amount) or Form N227 (amount to be determined).
The application is processed administratively and the judgment issued usually within a few days.
Interest and Costs
You can include interest at the statutory rate of 8 percent per annum from the date the debt became due to the date of judgment. You can also include the court issue fee and, in some cases, legal costs up to the fixed costs limits.
Keep your interest calculation accurate. An error can delay processing of the judgment and require amendment.
Setting Aside a Default Judgment
A defendant who has had a default judgment entered can apply to set it aside. The court will set aside a judgment if it was wrongly entered -- for example, because the defendant did file a defence that was not processed, or because service was not effected properly.
The court may also set aside a judgment in its discretion where the defendant has a real prospect of successfully defending the claim and acted promptly on becoming aware of the judgment.
What to Do If You Have a Default Judgment Against You
Act immediately. Apply to set aside using Form N244 with a witness statement explaining why you did not respond and setting out your defence to the claim.
If you have a real defence and acted promptly, there is a reasonable prospect of the judgment being set aside. If it is not set aside, focus on paying or reaching a payment arrangement -- a satisfied judgment has less impact than an outstanding one.