What to do if…
you learn a default judgment may be entered because you missed a response deadline
Short answer
Act today: confirm which UK court system your case is in and whether judgment is already entered, then file the quickest “protective” step that system accepts (a response if still allowed, or an urgent application to reopen/set aside if not).
Do not do these things
- Do not ignore it because you think “they need a hearing first” — default decisions can happen on paperwork.
- Do not rely on phone calls alone — ask what you must file and how to file it.
- Do not pay someone who contacts you out of the blue claiming they can “stop the judgment” — verify the case using official court contact details.
- Do not send long, unfocused explanations. Courts usually need a clear request (for example: “set aside/recall” and why).
- Do not agree to “wait” because the other side says they won’t act — protect your position with the court first.
What to do now
- Work out which UK court system this is (this changes the fix). Check the paperwork for where it’s issued:
- England & Wales (County Court / High Court; often MCOL/CNBC for money claims).
- Scotland (Sheriff Court; simple procedure/summary cause/ordinary cause).
- Northern Ireland (County Court / High Court).
- Check whether a default decision is already on the record. Using the case number, contact the relevant court office/service and ask:
- “Has default judgment (or the equivalent) been entered?”
- “If not, has it been requested / is it pending?”
- “What can I still file today, and by what method (online, email, in person)?”
- If this is England & Wales and judgment is NOT entered yet: file a response immediately.
- If you can still file an Acknowledgment of Service or Defence through the correct channel (often MCOL for MCOL cases), do it the same day and keep proof (confirmation screen/receipt).
- If you’re already late, ask the court service what they accept as a same-day “protective” filing (some situations require an application rather than a late defence).
- If this is England & Wales and judgment IS entered (or you can’t stop it in time): prepare an urgent set-aside application.
- This is commonly done using Form N244 to ask the court to set aside/vary the judgment and (if relevant) suspend enforcement.
- Keep your request tight: (a) you acted promptly once you found out, and (b) why judgment should be set aside (for example, it was wrongly entered / you weren’t served / you have a real defence).
- If this is Scotland: act fast to ask about “recall” (especially if it was decided in your absence).
- Call the Sheriff Court named on the paperwork and ask the sheriff clerk what the correct procedure is to recall a decision/decree made because you didn’t respond/appear.
- If it’s simple procedure, ask specifically about making an application to recall (commonly using Form 13B) and what you must lodge with it (such as your response/defence).
- If this is Northern Ireland: ask the court office how to apply to set aside the default judgment.
- Use the case number and ask what form/rule applies and whether you should also request a pause on enforcement while the application is decided.
- Make a one-page timeline and save proof (10 minutes). Collect in one place:
- the envelope/postmark (if late post matters), screenshots, and any proof of address change;
- the exact date you first learned about the claim/judgment;
- a short outline of your defence (even bullet points).
- If fees are a barrier, submit fee help at the same time as your application where available. In England & Wales you can apply for “Help with Fees” and submit it alongside the court form you’re filing.
What can wait
- You do not need to decide today whether to settle the whole claim.
- You do not need a perfect, fully evidenced defence today — your priority is to stop a default outcome or get the case reopened.
- You do not need to debate the merits with the claimant/solicitor until you’ve protected your court position.
Important reassurance
This is a common, fixable situation — especially when papers were missed, delayed, or went to an old address. The most important thing is acting promptly once you know, and using the right process for your UK jurisdiction.
Scope note
These are first steps only, aimed at stopping a default outcome or reopening the case. The next stages (defence drafting, evidence, negotiation) may need specialist advice based on your case and local rules.
Important note
This is general information, not legal advice. Court procedures differ across England & Wales, Scotland, and Northern Ireland, and also by claim type. When you contact the court, focus on two questions: what has already been entered and what must be filed next to prevent or undo a default outcome.
Additional Resources
- https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12
- https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13
- https://www.gov.uk/government/publications/form-n244-application-notice
- https://www.gov.uk/government/publications/money-claim-online-user-guide/money-claim-online-mcol-user-guide
- https://www.gov.uk/get-help-with-court-fees
- https://www.scotcourts.gov.uk/taking-action/simple-procedure/recall-of-the-decision-and-appeal/
- https://nationaldebtline.org/get-information/guides/recall-of-a-decree-s/