If you want to apply for a default judgment or you have had a default judgment made against you and you need advice and representation, our team can help you. Our experienced default judgment solicitors can advise you of your options and the strength of your position, establishing the right strategy to protect your interests.
Dealing with an uncooperative defendant can be difficult. A default judgment will give you the chance to resolve matters and put the litigation behind you.
If you have had a default judgment made against you, we can discuss the implications and work with you to look at whether it will be possible to have the judgment set aside.
What is a Default Judgment?
In litigation, when a claim is filed, the other party or defendant will usually respond. They may admit the claim or file a defence. In some circumstances, they may make a claim themselves, in which case they will file a counterclaim along with their defence.
If the defendant fails to formally respond to the court, then the claimant can ask the court for a default judgment.
A default judgment is an order made by the court when a defendant has not responded to a claim against them. It will be in the claimant’s favour and could require you to pay damages or take other action. The judgment will be issued without a hearing of the case, with the award based on the claimant’s written submissions.
If damages are not paid, then the party with the benefit of the default judgment can take enforcement action.
When is a Default Judgment Made?
A default judgment can be requested 14 days after the claim is served on the defendant if they fail to file an acknowledgement of service. Similarly, if the defendant does not file a defence within the permitted timeframe, a default judgment can be requested.
The Legal Process for Obtaining a Default Judgment
A default judgment is not available for all types of claims. Those governed by Part 8 of the Civil Procedure Rules are not eligible. Part 8 claims use a faster and less formal process and are suitable for cases where the facts are largely undisputed.
If your case is eligible for default judgment, you must ensure that the correct process has been followed in filing the claim and serving notice on the defendant.
A defendant usually has 14 days from the date of service of notice of the claim in which to file their acknowledgement of service. They will then have 28 days from the date of service of the particulars of claim in which to file a defence. An extension of the time limit for filing a defence can be agreed upon between the parties. This will be a maximum of an additional 28 days.
If the defendant does not respond within the time limit, as the claimant, you can ask the court for a default judgment in your favour. This is done by completing the relevant form and sending it to the court.
There are different forms, depending on the nature of the claim. For example, if you are requesting a specified sum of money, form N205A or N225 is needed. If the court is being asked to decide the amount of money, it is form N227.
It may also be possible to claim interest on the sum, and this request should be included.
It is important not to ask for a default judgment before the time limits have expired, as the defendant could ask the court to set the judgment aside on this basis, and the court would have to comply.
Once the default judgment has been issued, it must be served on the defendant together with a request to pay the amount owed. Again, a reasonable time must be allowed. If this expires, then enforcement action can be taken.
What Should I Do If Someone Obtains a Default Judgment Against Me?
A default judgment cannot be appealed but, in some cases, it may be possible to ask the court to set it aside. You will need to show that there is a reasonable chance that you could defend the claim.
Alternatively, if you did not receive notice of the claim, you may also be able to ask for the judgment to be set aside. If you are successful, the claimant would then need to start the process again.
If you can show that you filed an acknowledgement of service or defence within the time limits, the court will have to set aside the judgment.
Similarly, if the claim has been settled or you applied to the court asking for the claim to be struck out, the order should be set aside.
If you are notified of a default judgment against you and you want to take action, you should speak to a solicitor without delay. It is important to deal with matters promptly to give yourself the best chance of success.
Contact Our Company and Commercial Solicitors
If you're facing a default judgment and need expert advice, we're here to help. Visit our litigation and dispute resolution page for more information on our services. To speak with one of our experienced solicitors, call us on 0330 173 3980, email info@witansolicitors.co.uk, or complete our contact form. We’ll review your situation and discuss how we can assist you.
