What is “Default Judgment” (or “Judgment in Default”) and How Do I Get It?
What is Default Judgment?
Default judgment is a court order granted without a trial when a defendant fails to file an acknowledgment of service or submit a defence within the required time limits.
It is, therefore, judgment (on the claim) in default (of the defendant doing what is required).
It allows a claimant to obtain judgment swiftly and without further litigation where the defendant does not engage in the legal process.
What is Judgment in Default?
Judgment in default is just another way of saying default judgment. They are the same thing.
When Can I Apply for Default Judgment?
A claimant can apply for default judgment if:
the defendant has not filed an acknowledgment of service within 14 days of being served with the claim; or
the defendant has not filed a defence within 14 days of the particulars of claim (or 28 days if an acknowledgment of service was filed); and
the claim is not subject to special rules (which very rarely apply in construction litigation and so are unlikely to be of relevance).
How do I Apply for Default Judgment?
There are two ways to obtain default judgment. One is paper based, in which a claimant files a form with the court and the court makes a decision without a hearing. This is the route most commonly used.
The other route is to apply for a hearing. This is more appropriate if the claim is not for a fixed amount of money and/or requires additional court scrutiny. The applicant fills out a form, pays a court fee, and files supporting evidence and legal explanation/argument with the court, and those document are then sent to the respondent (unless they have failed to acknowledge service) and a hearing is scheduled. A decision is made at the hearing.
What Happens After Default Judgment?
Once default judgment is granted, the claimant can:
request immediate payment from the defendant.
immediately seek to enforce the judgment through the courts, using methods such as:
High Court Enforcement Officers (HCEOs) – for debts over £600.
writs of control – allowing bailiffs to seize assets;
charging orders – securing the debt against property; and
third-party debt orders – recovering funds from a debtor’s bank account.
Can I Appeal Default Judgment?
A defendant can apply to the court to cancel (or “set aside”) default judgment if:
they have a real prospect of successfully defending the claim; or
there was a procedural irregularity that explains why they did not respond to the claim (e.g. they were not properly served with the claim form); and
they acted promptly after learning of the judgment.
If the default judgment is set aside, the litigation will continue as if the order had not been made, and the defendant will be given an opportunity to respond to the claim.
Conclusion
Default judgment is a powerful tool to obtain a swift resolution where a defendant fails to respond (properly, or on time) to a claim.
If judgment in default is entered, the claimant can move on to taking steps to enforce that judgment in the same way as if he had succeeded on this claim after a full trial. However, a defendant can ask the court to set aside (effectively cancel) the default judgment, in which case the litigation will proceed as normal.
If you need advice or assistance in making an application for (or dealing with the consequences of) default judgment, contact Hamshaw today.
For more information on civil litigation procedures, see our other articles.