Form 127 and Form 128 Northern Ireland: Default Decree Applications Explained

If someone has sued you in Northern Ireland's Small Claims Court and the court has not received Form 126A or Form 126B within 21 days of the date it received or issued the application, the applicant may use Form 127 or Form 128 to ask for a default decree. Form 127 is for liquidated claims; Form 128 is for unliquidated claims and requires an assessment hearing to set the amount.

Understanding which form applies and what it means can help you figure out your options.

Form 127: Default Decree for a Liquidated Claim

Form 127 is titled "Application for Default Decree" and covers liquidated claims — those where the amount owed is a fixed, specific sum. Unpaid invoices, loan repayments, and agreed contract prices are typical examples.

If the court has not received your Form 126A (dispute) or Form 126B (admission) within 21 days of the date it received or issued the application, the applicant may file Form 127 with the CPC. The Chief Clerk can then enter a default decree for the exact amount claimed, plus court fees and any interest specified on the original Form 125.

No hearing is needed. The decree is issued on the papers alone.

Form 128: Default Decree for an Unliquidated Claim

Form 128 covers unliquidated claims — those where the amount is not a fixed figure but an estimate of damages. Faulty workmanship, property damage, and defective goods claims typically fall into this category.

The applicant may file Form 128 if the court has not received your response within 21 days of the date it received or issued the application. Because the court needs to determine the actual amount of damages, the Chief Clerk cannot simply issue a decree. Instead, an assessment hearing is scheduled before the District Judge.

At the assessment hearing, the District Judge examines the applicant's evidence and decides the amount. The hearing determines damages after default; a separate application to set aside the decree is the route to ask the court to reopen liability.

What a Default Decree Actually Means

An unpaid default decree functions as a County Court Judgment (CCJ). It goes on the Registry Trust register and appears on your credit file with Equifax, Experian, and TransUnion. The entry can remain for six years, unless you pay in full within 30 days of the order date and obtain a certificate of satisfaction to have it removed. The applicant can also take it to the Enforcement of Judgments Office (EJO) to force payment through wage deductions, charges on property, or seizure of goods.

The six-year credit-record period does not depend on whether the original claim was for £200 or £5,000.

Can You Undo a Default Decree?

Yes — you can apply to have the decree set aside. This requires:

1. Filing an application with the local County Court office (not the CPC)
2. Paying the interlocutory application fee (£189 as of April 2026)
3. Providing a sworn statement explaining why you did not respond in time — non-receipt of the papers, hospitalisation, postal failure, or another legitimate reason
4. Showing that you have a genuine defence to the underlying claim

If the District Judge grants the set-aside, the default decree is struck out and the case proceeds to a hearing as if the default never happened. The CCJ entry is removed from the register.

If the judge refuses the set-aside, the decree stands and enforcement can continue.

How to Avoid a Default Decree

The simplest protection is responding within 21 days of receiving the small claims pack. Even if you accept liability, filing Form 126B keeps you in the process and lets you propose instalment payments rather than facing an enforcement application.

Our Responding to a Small Claim in Northern Ireland guide covers the full response timeline, the difference between Form 126A and 126B, and includes a deadline calculator and proof-of-posting log to make sure your response reaches Laganside Courts on time.

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