How to Set Aside a Default Decree in Northern Ireland
A default decree in Northern Ireland is what happens when you do not respond to a small claim within 21 days. The applicant applies, the court enters a judgment against you without a hearing, and it lands on your credit record. If this has happened to you — or you have just realised you are about to miss the deadline — here is what the set-aside process actually involves.
What a Default Decree Is
Under Order 26 of the County Court Rules (Northern Ireland), if the Civil Processing Centre does not receive your Form 126A (dispute) or Form 126B (admission) within 21 days, the applicant can apply for a default decree using Form 127 (liquidated claims) or Form 128 (unliquidated claims). A default decree is a County Court Judgment entered on paper, without any hearing. It carries the same weight as a judgment made after a full hearing.
The Set-Aside Application
To reopen the case, you apply to the local County Court to set aside the default decree. The application must include:
A valid reason for missing the deadline. The court needs to understand why you did not respond in time. Recognised grounds include: the court papers were never delivered to you (non-service), you were in hospital or otherwise incapacitated, a postal failure meant your response arrived late, or you were overseas with no reasonable way to know about the claim. "I was busy" or "I forgot" is unlikely to succeed.
A genuine defence to the claim. You must show you have a real, arguable case. The court is not looking for proof that you will win — just that you have a defence worth hearing. A sworn statement or Statement of Truth setting out your defence is required.
The court fee. The interlocutory application fee is £189 as of April 2026, rising to £193 from April 2027. If you are on qualifying means-tested benefits (Income Support, income-based Jobseeker's Allowance, Pension Credit Guarantee Credit, or Universal Credit below the income threshold), you can apply for fee exemption using Form ER1.
How to File It
Lodge the application at the local County Court office handling the case — not at the Civil Processing Centre. The application must be served on the applicant, who gets 14 days to respond before the District Judge hears the matter.
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Does It Stop Enforcement?
No. Filing a set-aside application does not automatically pause enforcement. If the applicant has already referred the decree to the Enforcement of Judgments Office, the EJO can continue attaching earnings or seizing goods while your set-aside is pending. To stop that, you need a separate application to the District Judge for an interim stay of enforcement.
What Happens at the Hearing
The District Judge reviews your reason for missing the deadline and the strength of your proposed defence. If the judge is satisfied on both points, the default decree is set aside and the case proceeds as if you had filed a response on time. You will need to file your Form 126A (dispute) or 126B (admission) and prepare for a hearing in the normal way.
If the judge refuses the set-aside, the decree stands. You may still be able to seek a review under Fee Order Item 20 (£189) or, on a point of law, appeal via Case Stated to the Court of Appeal.
Prevention Is Simpler
The set-aside route works, but it costs £189, takes weeks, and does not guarantee success. Responding within the 21-day window — even with a brief defence on Form 126A — avoids the problem entirely. If you are running short on time, hand-deliver the form to the CPC at Laganside Courts or your local County Court office and get a stamped receipt.
The Responding to a Small Claim in Northern Ireland guide covers the full response timeline, the set-aside procedure, and every form you might need — from the moment the court pack arrives through to the hearing and beyond.
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