Form N244 Application Notice — County Court Applications and Set-Aside

Form N244 is the standard application notice used for many applications in the County Court of England and Wales. Some requests use a different form or procedure; check the rules and any court instructions for the order you need.

When defendants need Form N244

The most common reason a defendant files an N244 is to set aside a default judgment. If you missed the response deadline and the claimant obtained judgment without a hearing, Form N244 is how you ask the court to cancel that judgment and let you defend the claim properly.

Other situations where defendants use Form N244:

• Extending time: asking a judge for more time to file a defence when the 28-day window (after filing an Acknowledgment of Service) has passed and a CPR 15.5 agreement with the claimant is not available
• Amending a defence: you filed your defence but later discovered new facts or need to correct it
• Filing a late counterclaim: a counterclaim filed alongside the defence does not need permission, but one filed after that point requires a court order under CPR Part 20
• Striking out a claim: asking the court to dismiss all or part of the claimant's case on procedural grounds
• Changing payments under a judgment: Form N245 is used to ask the court to change instalments or suspend enforcement; follow the form's instructions for your situation.

The court fee

The fee depends on how the application is to be dealt with:

• £321 — application on notice, where the other side is served
• £126 — application by consent (both parties agree to the order being made)
• £126 — application without notice in certain procedural situations

For a set-aside application served on the claimant, the on-notice fee is £321. The fee is £126 for an application by consent or without notice where that procedure is appropriate.

If you cannot afford the fee, apply for Help with Fees using Form EX160 at the same time. You will need to provide evidence of your income and savings.

How to fill in Form N244

Download the form from the HMCTS website or collect a paper copy from your local court. The key sections:

Question 3 — What order are you asking for, and why? Be specific. For a set-aside: "I apply for the default judgment entered on [date] to be set aside and for permission to file a defence." State whether you rely on CPR 13.2 or 13.3 and explain the grounds in your evidence. Do not write a vague request like "I want to sort this out."

In your evidence for a set-aside, address two things:

1. Why you did not respond in time. Explain the circumstances — for example, moving and not receiving the papers, being abroad, illness, or misunderstanding the deadline — and why you could not respond. These circumstances do not by themselves guarantee a set-aside; the court considers the legal test and whether you acted promptly.
2. Why you have a real prospect of defending the claim. Outline the key points of your proposed defence. You do not need to prove your case at this stage — just show the court there is something worth arguing.

Question 10 — Evidence in support. Attach a witness statement setting out the facts. This should be a clear, chronological account: what happened, why you missed the deadline, and what your defence would be. Sign it with a statement of truth.

Question 9 — Who should be served? Serve the N244 and supporting evidence on each respondent as soon as practicable and at least three days before the court is to deal with the application, unless a different time is directed.

The set-aside hearing

The court will usually list the application for a short hearing, unless it decides to deal with it without a hearing. The judge considers:

• Whether you applied promptly after discovering the default judgment
• Whether you have a real prospect of successfully defending the claim (CPR 13.3(1)(a))
• Whether there is some other good reason the judgment should be set aside (CPR 13.3(1)(b))

If the claim form was not validly served, or the judgment was otherwise wrongly entered, the court must set it aside under CPR 13.2. A wrong address does not by itself establish invalid service; the court considers the service rules and the facts.

If the set-aside is granted, the default judgment is cancelled, any CCJ entry is removed from the Register, and the court gives directions for filing a defence. Follow the deadline in the order; there is no universal 14-day deadline.

If the set-aside is refused, the judgment stands. You may be ordered to pay the claimant's costs of dealing with the application.

The county court money claim response guide covers the full set-aside process, including a step-by-step walkthrough of the N244 form and the evidence you need to present at the hearing.

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