Understanding judgments & fines

CCJs and county courts

• CCJs: What are they?
• CCJs and credit: mortgages, loans and credit cards
• County court judgment records: How long CCJs stay on record
• Certificate of satisfaction - Satisfied vs unsatisfied CCJs
• Set aside a judgment
• Removing a CCJ
• Enforcing judgments
• Default judgments
• County courts: How they work
• County court judgment forms

Default judgments: When they happen

If someone (the claimant) thinks you owe them money, they apply to the court for a judgment. You’ll be sent a claim form, together with other court forms to complete.

You must send these back within 14 days (28 days if you apply for more time).

If you don’t, the claimant can apply to the court for a judgment in default. This means that only the claimant’s side of the story is heard.

The claimant is likely to demand the full amount plus fees and interest is ordered to be paid immediately.

A default judgment is binding – the claimant can take steps to have it enforced.

Setting aside a default judgment

You may be able to get a default judgment set aside. This may be possible if  you never received the documents, or were in hospital and didn’t know they’d arrived.
You’ll be expected to prove these facts, and pay a fee.

Cases when the court must set aside a default judgment are when you’ve:

• already paid everything you owe (so no judgment is necessary);
• submitted a defence on time ;
• asked for more time to pay (within the time limit for doing so).

This doesn’t mean the case is over – it just means the court will listen to your side of the argument before deciding.

It’s far better – and cheaper for you – to reply to the forms as soon as you get them.

If you’re refused credit and think it maybe because you have a default CCJ against you, you should check the register.

Default judgment vs default notice

A default notice is different to a default judgment.

• Default notice Lenders must send you this before taking you to court over unpaid debts. It’s not a court document – it’s the final step a lender must take before going to court.
• Default judgment This is when the court rules even though it hasn’t heard your side of the story.