When Should You Request Default Judgment?

You should consider this step if:

• Your claim was properly served and the time for the debtor to respond has expired.

• The debtor hasn’t filed an Acknowledgment of Service or Defence.

• You want a CCJ recorded against the debtor, which can help with enforcement and may affect their credit rating.

The usual time limits are 14 days from service for a response, or 28 days if the debtor files an Acknowledgment of Service. Always check the dates carefully before making your request.

How to Request Default Judgment

Here’s a copy-and-paste template you can use. Fill in the blanks with your details and send it to the court (online or by post, depending on how you issued your claim).

Request for Default Judgment

Claim no: [number]

Claimant: [name]  Defendant: [name]

The Claimant requests judgment in default because the Defendant has failed to file an Acknowledgment of Service or Defence within the time allowed.

The Claimant seeks:
- Principal: £[amount]
- Interest to date: £[amount]
- Court fee: £[fee]
- Fixed costs (if applicable): £[amount]

Total: £[total]

Judgment to be forthwith [or by instalments if agreed].

Signed: [Name]  Date: [date]

Making Your Request Clear and Effective

Before you submit your request, double-check that:

• The claim was served at the correct address, using the right method (post, email, or personal service).

• The time limits have definitely expired. If you request judgment too early, the court may reject it.

• You’ve calculated interest and costs correctly. Don’t double-count or miss out on what you’re entitled to.

• If the debtor has paid part of the debt or admitted some liability, use the right form (N225 or N227) for your situation.

Example:
You’re a self-employed decorator. You issued a claim for £3,840 after chasing an unpaid invoice. The debtor doesn’t reply within 14 days. You send the default judgment request using the template above. The court grants the CCJ, but the debtor still doesn’t pay. You then apply for a Warrant of Control, allowing bailiffs to recover the debt.

Details to Consider

• Service: The court must be satisfied that the claim was properly served. If you’re unsure, check the deemed service date (usually a few days after posting).

• Time Limits: Don’t rush. Wait until the full response period has passed before requesting judgment.

• Part-Payment or Admission: If the debtor has paid part of the debt or admitted some liability, you may need to use a different process or form. This helps the court make the right order.

Common Pitfalls

• Requesting Too Early: If you ask for judgment before the deadline, the court will reject your request and you’ll have to wait.

• Interest and Costs Errors: Make sure your calculations are correct. If you’re unsure, use the figures from your claim form and update interest to the date of your request.

• Defence Filed: If the debtor has filed a Defence, you can’t use default judgment. The case will move to the next stage, which may include mediation or a hearing.

What Happens Next?

Once the court seals your judgment, you have a CCJ against the debtor. If they still don’t pay, you can choose an enforcement method. Common options include:

• Warrant of Control: County Court bailiffs can visit the debtor and recover goods to cover the debt.

• Attachment of Earnings: If the debtor is employed, you can ask the court to deduct payments from their wages.

• Charging Order: If the debtor owns property, you can secure the debt against it.

• Third Party Debt Order: If you know the debtor’s bank details, you can ask the court to freeze and transfer funds.

If the debtor applies to set aside the judgment (for example, claiming they didn’t receive the papers), respond promptly with your timeline and evidence of service.

Example:
A freelance web designer issues a claim for £1,200. The client doesn’t reply, so the designer requests default judgment. The court grants the CCJ. The client then pays in full after receiving notice of enforcement action.

Relatable Scenarios

• Small Business Invoice: You run a cleaning service and a shop owes you for regular cleaning. After chasing and issuing a claim, you request default judgment when the shop owner doesn’t reply. The court grants the CCJ, and you recover the debt using bailiffs.

• Personal Loan: You lent £500 to a friend for car repairs. After chasing and issuing a claim, you request default judgment when your friend ignores the court papers. You then use an Attachment of Earnings order to recover the money.

• Trade Services: A plumber completes work for a landlord, but the invoice goes unpaid. The plumber issues a claim, requests default judgment, and secures payment through a Charging Order on the landlord’s property.

Why This Approach Works

Requesting default judgment is a practical way to resolve debts when the other side ignores your claim. It shows you’re organised and serious, and gives you access to enforcement options if payment isn’t made. Most people pay up once a CCJ is recorded, especially when enforcement action is on the horizon.

If you do need to go to court, having a record of your claim, service, and judgment request will help your case. It shows you’ve followed the correct steps and given every opportunity to resolve the matter.

Caira: Your Debt Recovery Companion

Caira is backed by tens of thousands of legal documents and updated weekly, making it a reliable source for practical, up-to-date information. Unlike generic websites or chatbots, Caira’s responses are grounded in real cases and current law, so you can feel confident navigating debt recovery yourself.

Disclaimer:
This article provides general information for England and Wales only. It’s not legal advice. If you have a specific situation or want feedback on your draft request, you can upload it to Caira for instant, practical suggestions.