Default judgment when the defendant does not respond

If the defendant does not respond to a claim by the deadline, the rules allow the claimant to ask the court to enter judgment without a trial. This guide explains when that is possible, how to request it, and what can go wrong afterwards.

Checked against official sources on 30 September 2026. Court fees from 13 July 2026; enforcement agent fees from 1 May 2026.

Key facts

Judgment in default is available once the time for the defendant to acknowledge or defend has expired and nothing has been filed (CPR 12.3); it is a request, not an application, and no fee is payable.
Request it online if you claimed through Online Civil Money Claims or Money Claim Online, on form N225 for a specified amount on a paper claim, or on form N227 if the amount is to be decided by the court.
Online requests are processed automatically; a paper request waits about 27 working days at the Civil National Business Centre before processing begins, and a late defence arriving first takes priority.
If you served the claim yourself you must file a certificate of service (N215) before judgment can be entered (CPR 6.17).
A defendant can apply to set the judgment aside on form N244 (£321): the court must do so if it was wrongly entered, and may do so if there is a real prospect of a defence or some other good reason (CPR 13).

What a default judgment is

A default judgment is ‘judgment without trial where a defendant has failed to file an acknowledgment of service or has failed to file a defence’ (CPR 12.1). The court does not look at the merits; it enters judgment because the defendant has not responded in time. In April to June 2026, 94% of the 368,000 county court judgments were default judgments, so this is how most money claims end.

Under CPR 12.3 judgment in default may be obtained only if the defendant has not filed an acknowledgment of service or a defence and the time for doing so has expired. It is not available where the defendant has applied to strike out the claim or for summary judgment and that application is pending, has paid the whole claim, or has admitted the full amount but asked for time to pay (judgment is then entered on the admission instead).

Working out when the deadline has passed

The deadline depends on how the claim was issued. A request made too early produces a judgment wrongly entered, which the court must set aside.

Paper claim (N1) or Money Claim Online: 14 days after service of the particulars of claim, or 28 days if the defendant filed an acknowledgment of service within the first 14 (CPR 15.4), plus any agreed extension of up to 28 days (CPR 15.5). A paper claim served by post is deemed served on the second business day after posting; an MCOL claim on the fifth day after issue, business day or not.
Online Civil Money Claims (the gov.uk ‘Make a money claim’ service): 4pm on the 28th day after the date of issue, plus any extension of up to 28 days in total recorded on the online service before the deadline (PD 51R para 5.1).

The deadline calculator works these dates out. Where the court served the claim it sends you a notice giving the deemed date of service. See what happens after you issue.

If you served the claim form yourself, you must file a certificate of service on form N215 within 21 days of serving the particulars of claim, and you may not obtain judgment in default until it has been filed (CPR 6.17(2)). Where service was by an alternative method ordered under CPR 6.15, the certificate must give the details the order requires.

How to request judgment

Online Civil Money Claims: submit the judgment in default form (OCON205A) through your online account. You can set out a repayment plan at the same time. Judgment cannot be entered if the defendant has paid or the court has received any response from them (PD 51R para 11.1A).
Money Claim Online: use the online request. A request received before 9am on a working day is treated as filed that day; otherwise it is treated as filed on the next working day.
Paper claim for a specified amount: form N225 (request for judgment and reply to admission).
Paper claim for an unspecified amount: form N227. Judgment is entered ‘for an amount to be decided by the court together with costs’ and the claim is sent to your preferred hearing centre for the amount to be assessed (CPR 12.5(3), 12.6).

Where the defendant is an individual you must give their date of birth if you know it (CPR 12.4(2)). A request for judgment in default is not an application, so no court fee is payable.

Payment immediately or by instalments

On a specified claim you choose how the judgment is to be paid: the whole sum by a date you name, or by instalments at a rate you propose. If you specify nothing, judgment is for payment immediately (CPR 12.5(2); PD 51R para 11.1(6)). On MCOL, if you ask for instalments the first falls due one month from the date the court enters judgment. Judgment for immediate payment (‘forthwith’) lets you enforce as soon as the money is not paid; with an instalment judgment a warrant can only be issued once an instalment is missed. See enforcing a judgment.

How long it takes, and late defences

Requests made through Online Civil Money Claims or MCOL are processed automatically. A paper request on N225 or N227 goes to the Civil National Business Centre, which at 23 September 2026 was taking about 27 working days before it began processing manual judgment requests. If your claim was issued online, request judgment online.

The defendant can still respond until the court has processed your request. A defence that arrives late but before, or on the same day as, your request is processed takes priority, and the claim proceeds as defended. Requesting judgment promptly simply narrows that window.

Setting aside a default judgment

A default judgment can be undone. Under CPR 13.2 the court must set it aside if it was wrongly entered: the time for responding had not expired, an acknowledgment or defence had been filed, or the claim had been paid in full before judgment. Under CPR 13.3 the court may set aside or vary the judgment if the defendant has a real prospect of successfully defending the claim, or there is some other good reason, and it must have regard to whether the application was made promptly.

The defendant applies on form N244, supported by evidence, with a fee of £321 (from 13 July 2026). Where the defendant is an individual and the claim was for a specified sum, the application goes to the defendant’s home court, the hearing centre serving the address where they live or carry on business (CPR 13.4(1)). Gov.uk describes a private hearing at which the defendant explains why they do not owe the money; if they do not attend, the application is rejected. You are notified and can attend to oppose it.

A judgment set aside is cancelled from the Register of Judgments, Orders and Fines. A judgment given after a small claims hearing that a party did not attend is dealt with differently, under CPR 27.11, on an application within 14 days. See the hearing.

Why the address you used matters

The commonest ‘other good reason’ is that the defendant never received the claim. The rules allow service at an individual’s usual or last known residence, but if you had reason to believe the defendant no longer lived there you had to take reasonable steps to find their current address (CPR 6.9(3)). A judgment obtained after service at an address the defendant had left is exposed to a set-aside application. If it succeeds, the judgment and any enforcement built on it are undone: money recovered by an enforcement agent (bailiff) may have to be repaid, the claim starts again as a defended claim, and the court may order you to pay the costs of the application if it finds you behaved unreasonably.

Where you only have a phone number or social media handle, the safer course is an order for alternative service rather than a guess. See finding someone’s address and serving by WhatsApp, Facebook or Instagram.

A defendant domiciled in Scotland or Northern Ireland, or served there under CPR 6.32, needs an application rather than a request, with evidence that the court has power to hear the claim and that service was proper (CPR 12.11 and 12.12). See defendant in Scotland, Northern Ireland or abroad.

After judgment

A default judgment is registered on the Register of Judgments, Orders and Fines as soon as it is entered and stays there for six years. Paid in full within one month, the entry is cancelled; paid later, it is marked as satisfied. See the CCJ register. The judgment itself does not produce money: if the defendant does not pay, you choose an enforcement method and pay a further court fee. The enforcement chooser compares the options.

If you are the defendant: respond to the court by the deadline using the response forms you were sent, and get free advice from Citizens Advice, National Debtline or StepChange if you are unsure how.

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Sources

Quick answers

When can I request a default judgment?

Once the defendant’s time to acknowledge service or file a defence has expired and nothing has been filed (CPR 12.3). That is 14 days after service of the particulars on a paper or MCOL claim (28 days if they acknowledged), or 28 days after issue in Online Civil Money Claims, plus any agreed extension.

Which form do I use?

Request it online if you claimed through Online Civil Money Claims or Money Claim Online. On a paper claim use form N225 for a specified amount or form N227 where the amount is to be decided by the court. No fee is payable for the request.

How long does a default judgment take?

Online requests are processed automatically. A paper N225 or N227 sent to the Civil National Business Centre waits about 27 working days before processing begins, according to HMCTS figures at 23 September 2026.

What happens if the defendant files a defence late?

The defendant can respond until the court has processed your request. A late defence that arrives before, or on the same day as, your request is processed takes priority and the claim continues as a defended claim.

Can a default judgment be cancelled?

Yes. The court must set it aside if it was wrongly entered, and may set it aside if the defendant shows a real prospect of defending the claim or some other good reason, taking into account how promptly they applied (CPR 13.2 and 13.3). The application is on form N244 with a £321 fee.

Do I need the defendant’s date of birth?

If the defendant is an individual you must give their date of birth if you know it (CPR 12.4(2)). If you do not know it, say so; the request can still go ahead.

I served the claim myself. Is there anything extra to file?

Yes. You must file a certificate of service (form N215) within 21 days of serving the particulars of claim, and judgment in default cannot be entered until it has been filed (CPR 6.17(2)).