Default Decree Northern Ireland: What It Is and How to Set One Aside

You filed a small claim, the CPC posted the pack to the respondent, and 21 days later — silence. No payment, no dispute form, nothing. You can now apply for a default decree, which is the Northern Ireland equivalent of a default judgment.

But default decrees are not automatic, and if you are on the receiving end of one, you may be able to get it set aside.

How to Get a Default Decree (Claimant's Side)

When the 21-day response window closes without the respondent filing Form 126A (dispute) or Form 126B (admission), you submit a formal request for judgment in default to the Civil Processing Centre.

The CPC checks two things before forwarding your request to a judge:

1. That service was completed — i.e., the Small Claims Pack was posted to the respondent's address and not returned undelivered.
2. That no response was filed — no dispute, no admission, no payment.

If both checks pass, a District Judge issues a default decree ordering the respondent to pay the claimed amount plus court fees. No hearing takes place. The respondent never gets to tell their side.

This is why getting the address right on your application matters so much. If the pack went to a wrong address and the respondent never received it, the decree can be challenged.

How to Set Aside a Default Decree (Respondent's Side)

If a default decree was issued against you and you did not know about the claim — or you had a genuine reason for not responding in time — you can apply to have it set aside.

The application costs £25 and must demonstrate two things:

1. A valid reason for not responding. You were away, the pack went to an old address, you were seriously ill, or you genuinely did not receive it. "I ignored it" or "I forgot" is unlikely to succeed.
2. An arguable defence. You need to show that if the case went to a hearing, you would have something real to say. The judge will not set aside a decree just to give you a second chance if you have no defence to the claim.

If the judge sets the decree aside, the case proceeds as if the respondent had filed Form 126A — it goes to a hearing where both sides present their evidence.

What a Default Decree Means Practically

A default decree is a County Court Judgment (CCJ). It:

• Carries post-judgment interest at 8% per year.
• Can be enforced through the Enforcement of Judgments Office if the respondent does not pay voluntarily.
• Appears on the EJO register, which covers a six-year history of enforced judgments.

For the respondent, an enforced decree may affect their credit rating. If you pay the decree in full, contact the EJO to confirm how it will update the register.

Strategic Considerations for Claimants

A default decree is the fastest route to a decree, but it is only as good as your ability to enforce it. Before celebrating:

• Does the respondent have assets? A decree against someone with no income, no property, and no seizable goods is a piece of paper. Consider running an EJO register search (£28, or £31 if assisted by a court officer) before you even file.
• Was service valid? If the respondent genuinely did not receive the pack, they may apply to set aside the decree. They must show a valid reason for not responding and an arguable defence. Double-check the address before filing.
• Are you claiming the right amount? The default decree orders the amount claimed plus court fees. Check that the application includes any pre-judgment interest you are seeking; post-judgment interest applies under the statutory rate.

Get the Full Process Mapped Out

The Making a Small Claim in Northern Ireland guide covers every response scenario — default decree, disputed hearing, and instalment plans — with a deadline tracker so you know exactly when to request judgment and what to do next.

See more Northern Ireland guides →