Default judgment

If the person you are suing simply ignores the claim, the court does not wait forever — you can ask for judgment to be entered against them without a hearing.

How long does the defendant have to respond before I can request default judgment?

The defendant normally has 14 days from deemed service of the claim form and particulars of claim to file either a defence or an acknowledgment of service. If they file an acknowledgment of service within that window, the deadline for the defence extends to 28 days from service of the particulars. Only once the relevant deadline has passed with no defence filed can you request default judgment.

Is default judgment a decision that my claim was right?

Not exactly. The court does not weigh the evidence or decide the merits — judgment is entered because the defendant failed to respond in time. It is still a real, enforceable judgment, but it is procedural in nature, which is also why the rules let a defendant apply to set it aside in some circumstances.

Can the defendant get a default judgment cancelled?

Yes, by applying to set it aside. The court must set judgment aside if it was entered wrongly — for example, before the response deadline had actually expired or after a defence was filed. Otherwise the court has a discretion: the defendant generally needs to show a real prospect of successfully defending the claim, or some other good reason, and the court considers how promptly they applied.

Does a default judgment become a County Court Judgment on the register?

Yes. A default judgment for money in the County Court is a County Court Judgment and is normally entered on the Register of Judgments, Orders and Fines, where it stays for six years unless it is paid in full within one month of the date of judgment or is later set aside.

What if my claim is for an unspecified amount, like damages to be assessed?

You can still obtain default judgment, but the court enters judgment for an amount to be decided by the court. Liability is resolved by the default judgment, and the court then lists a hearing — often called a disposal hearing — to assess how much the defendant must pay.

Can I get default judgment against any defendant?

Not always. Default judgment is not available for some types of claim and defendant — for example, certain claims against the Crown, and cases where the defendant has applied for summary judgment or to strike out the claim. The full list of restrictions is in Part 12 of the Civil Procedure Rules, so it is worth checking before you request judgment.

Small Claims · Glossary

If the person you are suing simply ignores the claim, the court does not wait forever — you can ask for judgment to be entered against them without a hearing.

Last reviewed: August 2026

is a judgment entered by the court without a trial because the defendant failed to respond to the claim in time — it decides the case in the claimant's favour on procedural grounds, not because a judge has weighed the evidence.

Where this comes from

Civil Procedure Rules, Part 12

— when and how default judgment can be obtained.

Civil Procedure Rules, Part 13

— setting aside or varying a default judgment.

If the defendant does not respond

— gov.uk guidance on requesting judgment.

Why default judgment exists

A county court claim only works if both sides engage with it. When a defendant is served with a claim form and particulars of claim, the rules give them a fixed window to respond — normally 14 days from deemed service, extended to 28 days from service of the particulars if they file an acknowledgment of service. Without a mechanism for non-response, a defendant could stall a claim indefinitely just by staying silent.

Default judgment is that mechanism. Once the response deadline passes with no defence and no acknowledgment, the claimant can request judgment in default. The court enters judgment administratively — no hearing, no assessment of the merits — and the claimant moves straight to the position of a judgment creditor, able to enforce if the defendant still does not pay.

Because nobody has examined the evidence, the rules balance this power with Part 13, which lets a defendant apply to

the judgment in defined circumstances. A default judgment is real and enforceable, but it is not as final as a judgment after a contested hearing.

How the process works

• The claim form and particulars of claim are served on the defendant, and the response clock starts from the date of deemed service.
• The defendant files neither an acknowledgment of service nor a defence within 14 days — or files an acknowledgment but no defence within 28 days of service of the particulars.
• Request for judgment.
• For a specified money sum, the claimant requests judgment on the relevant form or through the online claim service, stating whether payment is sought immediately, by instalments, or by a set date.
• The court enters judgment for the amount claimed plus any interest and fixed costs claimed. For unspecified amounts, judgment is entered for a sum to be decided by the court at a later hearing.
• Enforcement or set-aside.
• If the defendant still does not pay, the claimant can enforce — for example with a
• . The defendant, for their part, may apply to set the judgment aside.

How it works in practice

A web designer invoices a client £3,200 for completed work. The invoice is ignored, a Letter Before Action produces no reply, and the designer issues a county court claim online. The claim is deemed served, and the client files nothing at all.

Invoice (principal debt)

Interest at 8% per year, 92 days (s.69)

Court issue fee claimed back

Judgment entered for

principal + interest + fees

Fifteen days after deemed service, the designer requests default judgment for the debt,

and the issue fee. The court enters judgment without a hearing. The client is now a

, and if payment still does not arrive the designer can choose an enforcement method.

Setting aside: the safety valve

Part 13 splits set-aside applications into two categories. The court

set aside a default judgment that was wrongly entered — for example, judgment requested before the response deadline had expired, or entered after the defendant had in fact filed a defence or paid the claim in full.

In every other case the court

set judgment aside, and the defendant carries the burden. They generally need to show a real prospect of successfully defending the claim or some other good reason why judgment should be set aside — and the court gives significant weight to whether they applied promptly after learning of the judgment. A defendant who sat on the paperwork for months faces an uphill task.

For claimants, the practical lesson is that a default judgment is strongest when the claim was properly served at the right address and the paperwork was accurate. Sloppy service is the most common reason default judgments come unstuck.

• Requesting judgment too early.
• Deemed service rules add days to the calendar, and a request made before the deadline truly expires produces a judgment the court must set aside. Count the days carefully before applying.
• Serving at a stale address.
• If the defendant genuinely never saw the claim because it went to an old address, a set-aside application becomes much more likely to succeed — and the claim starts again months later.
• Assuming the merits are settled.
• Default judgment resolves the claim procedurally. If the judgment is later set aside, the underlying dispute revives and must be argued on the evidence.
• Forgetting the register.
• A default judgment for money is normally registered as a County Court Judgment. For defendants, ignoring a claim has consequences that outlast the case — six years on the register unless paid within one month.
• Stopping at judgment.
• Judgment is not payment. If the defendant ignored the claim, they may ignore the judgment too, and you will need to think about enforcement.

Frequently asked questions

Sources & further reading

• Civil Procedure Rules, Part 12 — default judgment
• Civil Procedure Rules, Part 13 — setting aside
• Make a court claim for money: if the defendant does not respond
• EX50 — civil and family court fees

Defendant gone silent on your claim?

Start My Claim helps you track your response deadlines and prepare the right paperwork at each stage.

Last reviewed: August 2026.

References checked against the Civil Procedure Rules as in force on 3 August 2026.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.