Step by step guide to setting aside a default judgment

May 30, 2020 Michael 0 Comments

Default Judgment

You must respond to or deal with a claim that is being made against you. If you do not then the Claimant may enter what is called a “Default Judgment”.

They are allowed to do this 14 days after the start the claim.

This goes up to 28 days if you do respond within 14 days but then fail to send in a defence to that claim afterwards.

If this has happened to you recently then please DO NOT IGNORE IT. There are options available to you.

The 10 Steps

  1. Check your paperwork.
  2. Contact the court.
  3. Make contact with your opponent.
  4. Before your make your application to set the default judgment aside, consider your chance of success.
  5. Download and fill out form N244 from the HMCTS website.
  6. Write your witness statement and attach it to the application.
  7. Write a draft version of the order you wish the court to make and attach it to the application.
  8. Draft your Defence and attach it to the application.
  9. Write a covering letter or email to attach your application and documents to.
  10. Send your application (with the correct fee) to all other parties in the action and the Court by post or email.
  11. Attend the court hearing and convince a judge to grant your application

If you need more information you can download a more detailed, 18 page version of this article.


Contact Michael Shaw – Direct Access Barrister for professional legal advice.

Step by step guide to setting aside a default judgment was last modified: October 31st, 2021 by Michael

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