Contact one of our solicitors for advice.
What is a default judgment?
When someone claims money through the court and no defence is received, the court automatically issues a default judgment.
Do you have to pay it?
A default judgment is an order pay money.
If it remains in place, you will have to pay it. If you don’t pay, the person bringing the claim against you can take enforcement action to recover the money. This could include bailiffs coming round to seize your goods.
The judgment will be registered in the Registry of County Court Judgments if it is not paid within 28 days. This could have a devastating effect on your ability to obtain credit.
Is there anything you can do about it?
The court has a discretion to set aside a default judgment if there is a good reason.
For example, the court may set the judgment aside if:
- the claim form was sent to the wrong address and you weren’t aware that proceedings were being brought against you
- you were not aware of the time limit for responding
- your defence got lost in the post.
- you made a mistake when trying to file the defence
Contact us for help in having the default judgment set aside
- prepare the application and send it to the court;
- prepare a supporting witness statement and any other evidence;
- arrange for a qualified lawyer to attend a hearing on your behalf.
The court will consider whether the application to set judgment aside has been made promptly. Although there is no precise deadline stated in the Court Rules, we recommend that the application be made as soon as possible.