What Happens If You Ignore a County Court Claim: Default Judgment and How to Set It Aside

Ignoring a county court money claim does not make it go away. Once your response deadline passes without a defence, admission, or acknowledgment, the claimant can request a default judgment. The court grants it automatically — no hearing, no chance to explain your side, no further notice to you. You find out when the CCJ appears on your credit file or an enforcement officer arrives.

How Default Judgment Works

Under CPR Part 12, if a defendant fails to file any response within 14 days of deemed service (or 28 days if an Acknowledgment of Service was filed), the claimant can apply for judgment in default. For specified sum claims (a fixed amount), the court enters judgment as a purely administrative act — no judge reviews the merits.

The judgment gives the claimant everything they asked for: the full claimed amount, court fees, fixed costs, and any interest claimed in the Particulars.

The Consequences

County Court Judgment on your credit file. The CCJ is registered on the Register of Judgments, Orders and Fines within days. It stays there for six years, visible to every lender, landlord, and credit reference agency. Mortgage applications, car finance, business accounts, and even some rental agreements will be refused or offered only at punitive rates.

Enforcement. With a judgment in hand, the claimant can enforce it through a warrant of control (bailiffs seize goods), an attachment of earnings order (money taken directly from your wages), a charging order (a charge placed on your property), or a third-party debt order (money taken from your bank account). You get limited notice before enforcement begins.

The full amount, unchallenged. Even if the claim was inflated, contained errors, or you had a valid defence, the judgment is for whatever the claimant asked for. Your arguments are never heard.

Setting Aside a Default Judgment

If a default judgment has already been entered, you can apply to have it set aside — but it is harder and more expensive than simply responding on time.

Mandatory Set-Aside (CPR 13.2)

The court must set aside the judgment if:

• The judgment was entered before the response deadline had actually expired
• The claim form was not properly served (wrong address, incorrect method of service)

In these cases, the court has no discretion — the judgment is set aside as of right.

Discretionary Set-Aside (CPR 13.3)

Where the deadline genuinely passed without a response, the court may set aside the judgment if you can show:

1. A real prospect of successfully defending the claim. You do not need to prove you will win — but you must show a defence that has a realistic (not fanciful) chance of success.
2. You acted promptly once you became aware of the judgment. Waiting months after learning about the CCJ weakens your application significantly.
3. There is a good reason for not responding on time. Serious illness, being abroad, not receiving the papers due to a change of address — these are recognised. "I was busy" or "I thought it would go away" are not.

The Application

File Form N244 (Application Notice) at the court that entered the judgment. The fee is £321 if the application is served on the claimant (on notice), or £126 if both parties agree to the set-aside (by consent). Attach a witness statement explaining why you did not respond and setting out your proposed defence.

If the court grants the set-aside, the judgment is cancelled, the CCJ is removed from the register, and the case proceeds as if you had responded on time. You file your defence and the case moves to allocation and hearing.

If the court refuses the set-aside, the judgment stands and you must pay.

The Arithmetic

Responding to a county court claim within the deadline: free (Acknowledgment of Service) or the cost of a counterclaim fee. Setting aside a default judgment after the fact: £321 court fee, a witness statement, a hearing, weeks or months of delay, and no guarantee of success. The calculation is not close.

The England & Wales Money Claim Response Guide includes a deadline calculator, response route decision map, and step-by-step defence framework — everything you need to respond before the default judgment window opens.

See more England and Wales guides →