Set Aside: How to Set Aside a Default Judgment

Introduction

Small mistakes in litigation can carry huge consequences. Miss a filing deadline, and the court may enter a default judgment against you without hearing your side. Your credit rating suffers, enforcement agents can knock on your door, and the judgment sits on the public register for six years. Yet there is still hope: in the UK small‑claims court, you can set aside a default judgment and reopen the case. This guide shows exactly how to do it.

Picture this: you are busy running a small business, the post goes astray, and you only hear about a court claim when a County Court Judgment arrives. Suddenly, there is a default judgment against you because you did not file an acknowledgement of service or defence within the required 14‑ or 28‑day window. It feels unfair; after all, you never had the chance to defend yourself. This article explains why default judgments happen, when you can apply to set aside a default judgment and how to navigate the N244 form and hearing process, including court fees and evidence requirements.

Whether you are defending a consumer dispute, a contract claim or a small debt, this piece promises to demystify the small claims default judgment procedure. We’ll cover mandatory and discretionary grounds under the Civil Procedure Rules (CPR) Part 13, walk through each step of the application process, and highlight common mistakes to avoid. You will also learn how a successful application affects your credit record and why it can be worth acting quickly. Throughout, we’ll show how platforms such as CaseCraft.AI can simplify the process by generating court‑ready forms and guiding you through each stage, without being a sales pitch. Read on to regain control of your case.

What Is a Default Judgment in the UK?

A default judgment is a judgment entered by the court without a trial when the defendant fails to respond. Under CPR Part 12, a default judgment arises when a defendant does not file an acknowledgement of service or a defence within the time limits. If the claim form and particulars of claim are served together, the defendant has 14 days to file an acknowledgement; filing the acknowledgement extends the deadline to file a defence to 28 days. Failure to meet those deadlines allows the claimant to request a judgment in default.

There are two main types of default judgment:

• Judgment in default of acknowledgement of service: Entered when the defendant does not acknowledge service within 14 days.
• Judgment in default of defence: Entered when an acknowledgement is filed, but no defence is submitted within 28 days.

Once entered, a default judgment becomes a County Court Judgment (CCJ) in England and Wales. It appears on the Register of Judgments, Orders and Fines and on credit files for six years, affecting your ability to obtain credit, rent property or secure loans. The claimant can also take enforcement action, such as instructing bailiffs. It is therefore essential to understand when and how to set aside a default judgment.

A CCJ isn’t always final: the law recognises that defendants may not always have an opportunity to defend themselves. CPR Part 13 allows you to ask the court to set aside or vary the judgment. The next section explains when this is possible.

When Can You Apply to Set Aside a Default Judgment?

Not all default judgments are equal. Civil Procedure Rules Part 13 distinguishes between mandatory and discretionary grounds for setting aside a judgment.

Mandatory Grounds (CPR 13.2)

The court must set aside a default judgment if it was wrongly entered. Rule 13.2 states that a judgment must be set aside if any of the conditions for obtaining a default judgment under Part 12 were not satisfied. For example:

• The defendant filed an acknowledgement or defence within the required time, but judgment was mistakenly entered.
• The claim form was not validly served, such as being sent to the wrong address.
• The claim was fully satisfied before judgment was entered.

Discretionary Grounds (CPR 13.3)

Where the judgment was properly entered, the court may set it aside at its discretion. Under rule 13.3, the court can grant a set aside application if:

When assessing a discretionary application, judges look at factors such as:

• Promptness: The court considers whether you applied promptly after learning of the judgment. Courts expect action within 14 days of discovery, and delays of several months may jeopardise your application.
• Prejudice to the claimant: If setting aside causes significant delay or prejudice to the claimant, conditions such as payment into court may be imposed.
• Evidence of non-service: You must show evidence that you did not receive the claim form, which might include proof of address, correspondence with the claimant or postal issues.

Common valid reasons to set aside judgment include:

• You never received the claim form or particulars (e.g., it was sent to an old address).
• You responded to the claim, but the court did not receive your defence.
• You have a real defence to the claim (e.g., you do not owe the money, the goods were faulty, or the amount claimed is incorrect).
• The claimant applied for judgment too early or did not comply with service rules.

Act quickly: Even with a strong defence, delay can defeat your application. Courts emphasise that applications must be made promptly. 

Step‑by‑Step: How to Apply to Set Aside a Default Judgment

This section breaks down the set‑aside process into five clear steps. Following these steps carefully will maximise your chances of success.

Step 1: Complete Form N244

The official application to set aside a default judgment is made using Form N244. You can download it from the GOV.UK or complete it online. The form requires you to provide:

• Court details and claim number (top right corner).
• Applicant information: your name, address and role (usually the defendant).
• Order sought: In Question 3, you must set out what order you are applying for and why, for example, to have the default judgment set aside. Practitioners suggest including a phrase such as “That the default judgment dated [dd/mm/yyyy] be set aside, that any enforcement action be stayed pending the outcome of this application”.
• Statement in Support: attach a witness statement or draft defence describing the circumstances. You must explain your reasons for not responding, provide a timeline and state why you have a genuine defence.

Take time to draft the statement in support clearly. Courts need to see evidence of a real prospect of success or a mistake in service. If in doubt, seek legal advice. CaseCraft.AI’s document generator can assist by producing structured statements tailored to your situation.

Step 2: Prepare Supporting Evidence

Evidence is crucial. Under CPR 13.3, applications must be supported by evidence. Gather documents such as:

• Proof of non-service or postal issues: copies of address change notifications, returned mail, proof of address or delivery tracking.
• Correspondence showing you responded: emails or letters sent to the claimant or court but not acknowledged.
• Draft defence: outline your legal arguments and attach any contracts, invoices, receipts or photographs. Courts need to see a real prospect of defending the claim; the defendant should provide a draft defence to show realistic prospects of success.
• Chronology and timelines: demonstrate that you acted promptly upon discovering the judgment.

Store everything in an organised file. CaseCraft.AI provides a digital dashboard for uploading evidence and generating court bundles.

Step 3: Pay the Court Fee

A court fee is payable when submitting the N244. As of April 2025, the fee for a general application (on notice) has increased from £303 to £313. If the claimant consents or you apply without notice, the fee is £123. You can pay online or by cheque. If you have a low income, you may qualify for fee remission using Form EX160. Evidence of benefits or income will be required. Although the fee might seem high, failing to pay will result in your application being rejected.

Step 4: File and Serve the Application

Submit your completed N244 form, statement and evidence to the court that issued the judgment. You can file by post, in person, or through the CE‑File online system. Make sure to:

• Include copies: make sufficient copies of your application and supporting documentation for each party and the court. Keep one for your records.
• Serve on the claimant: you must serve the application on the claimant. Send a copy to the claimant or their solicitor; if they accept service by email, you can do so; otherwise, send a printed copy by post. Failure to serve properly may result in your application being refused.
• Request a stay: include in your statement a request that enforcement action be stayed until the application is determined. This prevents bailiffs or deductions while the court considers your application.

Step 5: Attend the Set Aside Hearing

The court will usually schedule a short hearing to consider your application. Under CPR 13, judges will examine whether the claim was properly served, whether you have a real prospect of successfully defending the claim or another good reason, and whether you applied promptly. Be prepared to answer questions and present your evidence. Hearings often take place in private rooms at local county courts. The court will usually list a hearing; however, it may decide the application without a hearing only if all parties agree or the court considers that a hearing is unnecessary.

Possible outcomes:

• Judgment set aside: the CCJ is cancelled and the case returns to the stage before default. Enforcement stops, and you have the chance to file a defence.
• Judgment stands: if the court refuses, the default judgment remains and enforcement continues.

What Happens After a Judgment Is Set Aside

If your application succeeds, the court’s order will cancel (“set aside”) the default judgment. The case then reverts to the point before the default. You will need to:

• File your defence: once the judgment is set aside, the claim returns to the stage before default. You will have the opportunity to engage with the court process and file a defence. Use Form N9B or the online small‑claims portal, using your draft defence as the basis.
• Participate in case management: the court will issue directions, such as disclosure deadlines, witness statements and trial dates. If the claim remains within the small claims procedure in the UK (generally under £10,000), the process will be simpler and the costs will be limited.
• Negotiate: Many disputes settle after judgment is set aside. Consider mediation or settlement discussions to avoid trial.

If the court rejects your application, the judgment continues. You can still apply for a variation to pay by instalments or seek other enforcement relief. Always take legal advice if uncertain.

How Long Does It Take to Set Aside a Default Judgment?

Timelines vary depending on court workload, evidence and whether the claimant objects. Typically, the process takes 4–8 weeks from filing the set-aside application to receiving a decision. Delays can occur if:

• Your evidence is incomplete, requiring further information.
• The claimant opposes the application, leading to longer hearings.
• Court backlogs, especially around holiday periods.

To avoid delays, act promptly and respond to court correspondence quickly. Some courts decide applications on paper within a few weeks; others list hearings six weeks after receipt. Using a digital platform like CaseCraft.AI can help track deadlines and remind you of key dates.

Can a Default Judgment Be Removed from My Credit Report?

Yes. A CCJ impacts your credit file for six years. However, setting aside a default judgment removes it from the Register of Judgments and your credit record. If the court agrees that you do not owe the debt and sets aside the judgment, it will be removed from the Register. Removal can take up to four weeks as the court notifies the Registry Trust and credit reference agencies.

You can also remove a CCJ by paying it in full within one month of the judgment; this requires applying for a certificate of cancellation (Form N443) and paying a £15 fee. If you pay after one month, the judgment remains on your file for six years, but is marked as “satisfied”.

Common Mistakes When Applying to Set Aside

• Delaying the application: Courts emphasise promptness. Waiting months or ignoring the judgment may lead to refusal.
• Failing to include a draft defence: A simple statement that you disagree is not enough. You must outline a real prospect of success with supporting evidence.
• Not providing evidence of non-service: Merely alleging postal issues is insufficient; provide proof of address changes, returned mail or tracking.
• Ignoring communication: Do not ignore court letters or the claimant’s correspondence. Respond promptly and keep copies.
• Missing the hearing: Failing to attend the hearing without a valid reason almost guarantees rejection.
• Not serving the claimant: You must send a copy of the application to the claimant or their solicitor.

Avoid these pitfalls to improve your chance of success. Setting aside a default judgment is about fairness, ensuring that cases are decided on their merits rather than technicalities. With the right information and tools, you can protect your rights and restore your reputation. Act promptly, prepare thoroughly and consider using CaseCraft.AI to simplify the process.

Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. For guidance on your specific case, consult a qualified solicitor or legal professional.