A County Court Judgment (CCJ) is a court order requiring you to pay a debt. CCJs can be entered without a full trial if a defendant does not respond to a claim form. If a CCJ has been entered against you when you did not know about the claim, or where there are genuine grounds to challenge it, you can apply to have it set aside.
This guide explains what a CCJ is, the grounds for setting it aside and how the Form N244 procedure works.
A County Court Judgment is a court order requiring the defendant to pay a sum of money. Most CCJs are entered as "default judgments" where:
Default judgment can also be entered where the defendant has filed an admission of the claim.
A CCJ has serious consequences:
CCJs are registered on the Register of Judgments, Orders and Fines, where they appear for 6 years (unless paid within one month, in which case they can be removed).
The CCJ appears on credit files and significantly damages credit scores. Mortgages, loans, credit cards and even tenancies can be affected.
The judgment can be enforced through various methods:
For businesses, CCJs can damage commercial relationships, particularly with banks and suppliers.
Under CPR 13.2, the court must set aside the judgment if:
This route is mandatory. If you establish the grounds, the court must set aside the judgment.
Under CPR 13.3, the court may set aside the judgment if either:
This route is discretionary. Even if the criteria are met, the court will consider whether to exercise its discretion to set aside.
Whichever route is used, the application must be made promptly. CPR 13.3(2) specifically requires the court to consider whether the application was made promptly. Delay is one of the most common reasons set aside applications fail.
"Promptly" is judged in the circumstances. Months of delay without good reason will usually be fatal. Days or a few weeks may be acceptable, particularly if there is a good explanation.
The application is made on Form N244 (the standard application notice in civil proceedings). The form asks for:
A witness statement supporting the application is essential. It should cover:
A court fee is payable. The amount depends on whether the application is on notice or without notice and whether there will be a hearing.
The application must be served on the claimant.
Most set aside applications are dealt with at a short hearing, typically 30 minutes to an hour. Both sides have the opportunity to make submissions.
For a CPR 13.3 application based on prospects of defence, you need to show a "real prospect of successfully defending the claim". This is a relatively low threshold:
The court looks at the evidence available. The witness statement should set out the factual and legal basis for the defence.
You did not receive the claim form. This is the most common ground. The court will want to see evidence that service was not effective.
The claim was served at an address where you no longer lived, or at a business address you no longer used.
The claim has obvious errors, such as suing the wrong person or claiming an amount that does not match the contract.
There is a genuine dispute about whether the debt is owed (the goods were never delivered, the work was never done, the contract is disputed).
The claim was brought outside the limitation period.
The debt was paid before the claim was issued or before judgment was entered.
The defendant is not the person who owes the money (mistaken identity).
The documents the court will need to consider.
Proof of your address at the relevant time, evidence that you never received the claim, evidence of any change of address.
Documents supporting your defence: contracts, receipts, correspondence, photographs.
When you became aware of the judgment and the steps you took.
If there has been delay, why it occurred and what you did.
The court will consider:
Where the court sets aside a judgment under CPR 13.3, it can impose conditions. Common conditions include:
Conditions are intended to protect the claimant and ensure the case progresses properly.
If the judgment is set aside, the case is restored to its position before default judgment. The defendant files a defence and the case proceeds:
Most cases settle before trial.
If the application fails, the judgment stands. The defendant remains liable. Options at this stage include:
If a CCJ is paid in full within one month of being made, it can be removed from the register. Otherwise it stays on the register for 6 years but is marked "satisfied" once paid.
If a CCJ is set aside, it is removed from the register completely.
Waiting too long before applying. Promptness is essential.
A vague or unsupported witness statement is unlikely to succeed. Detail matters.
The court wants to see the substance of any proposed defence. A bare denial is not enough.
The application must usually be made to the court that entered the judgment.
Failing to engage with the other side's response or position usually weakens the application.
Set aside applications are technical and require careful preparation. For most cases involving any significant amount, taking specialist advice is worthwhile. A direct access barrister with civil litigation experience can advise on the prospects, draft the witness statement and represent you at the hearing on a fixed fee.
Direct access means you can instruct a specialist barrister without going through a solicitor first. This is often faster and significantly more cost-effective, particularly where the case is already part way through. Send us a short outline of your case and our team will respond the same working day.