A default judgment is granted by the court where one party has failed to take an action they are required to, bringing the proceedings to an end.
It is usually used in money claims, when the defendant has not filed an Acknowledgement of Service or Defence on time. The claimant can apply for judgment in default, which will inform the defendant they are required to make a payment to the claimant by a certain date.
Ordinarily a judgment in default can be obtained without a court hearing and without any further notice being given to the debtor.
If default judgment is granted, the defendant has no right of appeal, but may apply to have it set aside or varied. The defendant will need to show the following criteria is met:
- The Defendant has a real prospect of successfully defending the claim; or
- It appears to the court that there is some other good reason why:
- the judgment should be set aside or varied; or
- the Defendant should be allowed to defend the claim.
Once a judgment in default has been obtained, the Claimant can take enforcement to recover the debt from the defendant. For example, instructing bailiffs, applying for an attachment of earnings order or obtaining a charging order over the Defendant's home.
A default judgment will be listed as a County Court Judgment (CCJ) on the defendant's credit history. This can have a negative impact on the defendant's credit score.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
