Defendant Not Responding? How to Get a Default Judgment

What "Default Judgment" Means

Default judgment is a court order issued in your favour when the defendant fails to respond to your claim within the legal deadline. It's not a loophole or a technical win on a technicality — it's a recognized outcome under the Civil Procedure Rules.

When you file a claim, the defendant has a fixed deadline to respond. If they don't acknowledge the claim, file a defence, admit the debt, or pay you, the court can issue judgment against them. This judgment order says: "The court finds that the defendant owes the claimant [your amount] because they failed to respond as required."

It's a normal part of the court process. Courts issue default judgments regularly when defendants go silent — whether through neglect, avoidance, or oversight. Getting default judgment is a significant step forward in your claim.

The Response Deadlines (and What Counts as a Response)

Understanding the deadlines is crucial because applying for default judgment before the deadline has passed will fail. The court is strict about this.

The Standard Timeline

From the date the claim is served on the defendant, they have 14 days to take action. During this period, they can:

• File an Acknowledgement of Service (admitting they received it, but not yet responding to the claim itself)
• File a Defence (responding to your claim with their own position)
• Admit part or all of the claim
• Pay you in full

If they file an Acknowledgement of Service within 14 days, they buy themselves extra time: they then have 14 additional days (28 days total from service) to file their Defence.

When the Clock Starts

The deadline runs from when the claim is "deemed served" — not when you send it. For online (MCOL) claims, the court's system typically deems service to have occurred 5 days after the claim is issued, unless the defendant can prove they received it earlier. For paper (N1) claims, service is deemed to occur when the court sends the sealed claim form to the defendant. This timing matters: if you're calculating deadlines, always count from the deemed service date shown on the official court documents.

What Counts as "No Response"

Default judgment applies only when the defendant has taken none of the above actions. "No response" means:

• No Acknowledgement of Service filed
• No Defence filed
• No Admission filed
• No payment received

Even a partial response counts as a response. If they file an Acknowledgement of Service, they've responded — you cannot apply for default judgment until the extended deadline (28 days) passes and they still haven't filed a Defence. If they pay part of the claim, that's a response. If they send you an email saying they dispute your claim, that's not a formal response in legal terms, but it shows engagement.

How to Apply for Default Judgment

The process differs slightly depending on whether you filed online or on paper. Both require you to wait for the deadline to pass first.

Step 1: Confirm the Deadline Has Passed

Do not apply early. The court will reject an application made before the deadline has expired. If the deadline was 14 days, wait 14 full days. If the defendant filed an Acknowledgement of Service, the deadline extends to 28 days — wait the full 28 days unless you're certain they won't file a Defence.

Step 2: Check the Court Records

Before applying, check MCOL online (if your claim was filed online) or contact the court (if paper) to confirm:

• No Acknowledgement of Service was filed
• No Defence was filed
• No Admission was filed
• No payment was made through the court

Missing this check is the most common reason default judgment applications fail.

Step 3A: For MCOL Claims (Online)

If you filed your claim through the Money Claim Online portal:

1. Log into your MCOL account
2. Select your case
3. Click "Request Judgment" or "Apply for Judgment by Default" (exact wording varies)
4. Select "Judgment by Default" as the judgment type
5. Confirm the amount: principal claim + 8% statutory interest (if applicable) + court fees paid at filing + (optionally) additional costs allowed by the court
6. Submit the application

MCOL automatically calculates interest if you've provided a date for the debt. Review the calculation carefully — it should include interest from your date of debt claim (or from a specified date) to today, at 8% per annum. The system will show you the total amount the court will award if judgment is granted.

Step 3B: For Paper N1 Claims (Post)

If you filed a paper claim form (Form N1) by post or in person at court:

1. Complete either Form N225 (Judgment by Default for a Specified Amount) if you know the exact sum owed, or Form N227 (Judgment by Default for an Unspecified Amount) if you're claiming a sum to be assessed by the court
2. State the amount you're claiming: the principal (the debt itself), plus interest calculated at 8% per annum from your date of debt claim to the date of application, plus court fees, plus any costs you've incurred in pursuing the claim
3. Send the completed form to the court by post or deliver it in person

You'll need to know the court reference number and the defendant's name as it appears on the claim. Forms are available on the Courts and Tribunals Judiciary website or from the court office. Once submitted, the court will review and either grant the judgment or contact you if information is missing.

Step 4: Calculate the Total Amount

This is where precision matters. Your judgment will include:

• Principal: The original amount you claimed (e.g. £3,000 for unpaid invoices)
• Interest: 8% per annum from the date the debt arose to the date you apply (calculated daily). If the debt arose on 1 January and you apply on 1 May, that's approximately 4 months of interest. Use a calculator to get this right.
• Court fees: The fee you paid when filing the claim (varies by claim amount)
• Costs: Optionally, you can claim for reasonable costs in pursuing the claim (postage, phone calls, time). The court has discretion here and may award some or none, but you can ask

If you get the amount wrong, the court will ask you to correct it before judgment is issued.

Step 5: Wait for the Court to Process

The court will review your application. If everything is in order, they'll issue judgment by default, usually within 1-2 weeks for online claims, or 4-6 weeks for paper claims (depending on court backlog). You'll receive an official court order confirming the judgment.

What to Do If Your Application Is Rejected

Sometimes default judgment applications are refused. Common reasons include:

The Deadline Hasn't Passed

You applied too early. Wait the full deadline period and reapply.

The Defendant Did File Something

They filed an Acknowledgement of Service, Defence, or Admission that you missed. You can't apply for default judgment. You must now respond to their Defence (if filed) or negotiate a settlement if they've admitted part of the claim.

You Used the Wrong Form

For paper claims, Form N225 is for specified amounts (where you know the exact sum). Form N227 is for unspecified amounts (where the court will assess the amount). Using the wrong one delays the process. Correct it and resubmit.

The Amount is Miscalculated

Your interest calculation, court fees, or principal don't match the court's records. Recalculate (or ask the court to explain the discrepancy) and reapply with the correct figure.

Missing Defendant Details

You've named the defendant incorrectly on your application (e.g. wrong trading name instead of registered company name). Correct the name and reapply.

You've Got the Judgment — Now What?

Obtaining default judgment is a crucial milestone, but it's not the end of your journey. The judgment says the court has found in your favour, but it doesn't automatically put money in your bank account.

If the defendant pays you voluntarily after seeing the judgment, the case closes — you're done. But if they ignore the judgment (as some do), you'll need to enforce it using one of four methods, each with its own form, fee, and process.

Warrant of Control (Form N323)

This is the most direct enforcement method. You apply to the court to authorize bailiffs or enforcement agents to visit the defendant's premises, seize their goods, and sell them to recover what they owe. Court fee: £110 plus enforcement agent's costs (typically £150–500 depending on the sum recovered). Takes 4-12 weeks.

Attachment of Earnings (Form N337)

If the defendant is employed, you can ask the court to order their employer to deduct money from their wages and send it to you. Court fee: £110. Takes 3-6 weeks. This is often effective but requires knowing the defendant's employer.

Third Party Debt Order (Form N349)

If you know the defendant has money in a bank account or is owed money by another party, you can ask the court to freeze that account and transfer the funds to you. Court fee: £110 plus potential applications for disclosure if the defendant won't reveal their accounts. Takes 6-12 weeks.

Charging Order (Form N379)

If the defendant owns property, you can ask the court to place a charge on it, securing your debt against their property. If they later sell, the sale proceeds will go partly to you. Court fee: £110 plus additional court hearings may be needed. Takes 8-16 weeks. This method is slower but can be powerful for larger debts.

Enforcement is complex and costs money upfront (court fees plus enforcement costs). Before pursuing it, consider whether the defendant has assets worth recovering from. If they have no income, no property, and no savings, enforcement may be futile — though the judgment itself is still valuable as a matter of record.

Avoiding the Most Common Mistakes

• Applying too early: The most frequent error. The court will reject your application if the deadline hasn't fully passed. Count the days carefully, and when in doubt, wait one more day.
• Forgetting interest and fees: Many claimants claim only the principal and overlook interest (which accrues daily at 8%) and the court fee they paid when filing. The judgment should include all three. Missing them costs you money.
• Missing an Acknowledgement of Service: The defendant filed one, extending their deadline to 28 days, but you didn't notice. You applied at day 14 and were rejected. Always check the court records before applying.
• Wrong form (N225 vs N227): For paper claims, N225 is for known amounts, N227 for unspecified. Use the wrong one and it complicates the process.
• Not following up after judgment: You get judgment and expect the defendant to pay. They don't. You need enforcement — which requires separate applications and fees. Have a plan for enforcement from the start.

How ClaimOn Helps You Handle Default Judgment

Getting to the point of applying for default judgment means you've already completed Stages 1-4 of a claim: you've checked eligibility, sent a Letter Before Action, gathered evidence, and filed your claim.

ClaimOn's Stage 5 (Follow Up) walks you through seven possible outcomes after filing — including default judgment. It explains the exact deadlines in your case, helps you track them, and guides you through applying for default judgment step by step (either online via MCOL or by post). It also covers the enforcement options and helps you decide which is right for your situation.

Frequently Asked Questions