A practical guide to challenging a County Court Judgment, understanding the legal tests and preparing the evidence the court may need.
Reviewed against current court rules and official guidance: 16 October 2026
Setting aside a County Court Judgment asks the court to remove the existing judgment and return the claim to an earlier stage. This may be relevant if a default judgment was entered incorrectly, if you did not know about the claim, or if you have a genuine basis for defending it. A set aside is not automatic, and discovering a CCJ at an old address does not by itself guarantee that the court will grant an application.
Start by obtaining the claim and judgment, checking whether it is a default judgment, and identifying whether CPR 13.2 or 13.3 may apply. Form N244 is commonly used to ask the court to set aside the judgment. Explain the order sought and why, support the application with relevant evidence, check the current court fee and act promptly. An application does not automatically stop enforcement or cancel the underlying debt.
When a County Court Judgment is set aside, the existing judgment is removed and the claim is usually restored to an earlier stage of the court process. The defendant may then be given an opportunity to respond to the claim, file a defence or comply with other directions made by the court. Setting aside the judgment does not necessarily bring the underlying claim to an end.
An application may be relevant where a default judgment appears to have been entered when the procedural requirements were not satisfied, where the defendant did not become aware of the proceedings in time to respond, or where the defendant has a real prospect of successfully defending the claim. Another good reason may also justify setting the judgment aside or allowing the defendant to defend the claim. The correct route depends on the judgment, the court record and the individual facts.
A successful application removes the existing judgment. The court may then give directions for the original claim to continue, such as requiring a defence to be filed by a particular date. In some cases, the court may make additional orders concerning evidence, hearings, enforcement or legal costs. The precise outcome depends on the order made by the judge.
Setting aside a CCJ does not automatically write off the underlying debt, prove that the claimant was wrong or mean that the defendant has won the dispute. It normally restores the opportunity for the claim to be considered properly. The claimant may continue with the case, and the defendant may still need to establish a valid defence.
If you discover a judgment that you may have grounds to challenge, investigate it without unnecessary delay. Where the court is being asked to exercise its discretion, it must consider whether the application was made promptly. Delay does not necessarily determine every application, but an unexplained period of inaction may make the application more difficult.
Whether a set aside may be appropriate depends on why the judgment was entered, when you discovered it, whether the claim reached you and whether you have grounds to challenge it. Use CCJ Navigator to work through the key questions and generate a personalised action plan.
Start CCJ NavigatorBefore preparing an application, obtain the essential information about the case. This normally includes the court or hearing centre, claim number, judgment date, claimant's identity, amount awarded and address used for the proceedings. You may also need copies of the claim form, particulars of claim, judgment and relevant court records. Understanding how and why judgment was entered is necessary before deciding which legal test may apply.
A default judgment is generally a judgment entered without a trial because the defendant failed to file an acknowledgment of service or failed to file a defence within the required time. Applications to set aside this type of judgment are principally governed by Part 13 of the Civil Procedure Rules. Other kinds of judgment or court order may involve different rules, so it is important to identify the judgment correctly.
CPR 13.2 requires the court to set aside a default judgment wrongly entered because the relevant conditions in CPR 12.3 were not met, or where the whole claim was satisfied before judgment was entered. The mandatory route is distinct from the discretionary test in CPR 13.3. Obtain the court record and evidence before identifying which provision may apply.
Under Civil Procedure Rule 13.3, the court may set aside or vary a default judgment if the defendant has a real prospect of successfully defending the claim or if there is another good reason why the judgment should be set aside or varied, or why the defendant should be allowed to defend the claim. This is a discretionary decision. The court must also consider whether the application was made promptly.
A real prospect of successfully defending the claim requires more than a bare denial or an argument that is merely speculative. The proposed defence should have a realistic rather than fanciful prospect of success. An applicant will normally need to explain the material facts, identify the legal or factual basis of the defence and support it with relevant evidence where available.
A judgment discovered at an old address can be an important warning sign, but the address issue must be investigated carefully. The court may need to consider what address was used, when the defendant moved, what information the claimant had or reasonably could have obtained, and whether the claim was served in accordance with the applicable rules. Not receiving the documents and proving that service was procedurally invalid are not always the same thing.
A lack of prior knowledge may help explain why no response was filed and why default judgment occurred. However, the application should go beyond simply stating that the claim was unknown. It should explain the address history, when and how the judgment was discovered, what checks were made, what happened after discovery and whether there is a defence to the original claim.
If the amount claimed had already been paid, this may form part of a proposed defence or support an argument that the judgment should not remain in place. Evidence could include bank statements, payment confirmations, receipts, settlement correspondence or confirmation from the claimant. The timing, amount and purpose of each payment should be made clear.
A set aside application is not necessarily the appropriate route merely because a CCJ is affecting your credit record. If the debt and judgment are accepted, the relevant options may instead involve payment, asking to vary the payment terms or obtaining debt advice. Paying a judgment in full within one calendar month can allow it to be removed from the register. Payment after that period will usually allow it to be marked as satisfied, but not removed solely because it has been paid.
Form N244 is the application notice commonly used to ask a court to make an order, including an order setting aside or varying a judgment. The form asks what order is requested, why it should be made, whether a hearing is required, what evidence will be relied upon and how long any hearing may take. It should be completed consistently with the evidence and the proposed order.
The application should identify the order sought clearly. Depending on the circumstances, this may include setting aside the default judgment, staying enforcement until the application is decided, granting permission to file a defence and giving directions for the future conduct of the claim. The wording must reflect the applicant's actual circumstances and should not request orders that are unnecessary or unsupported.
Making a set aside application does not necessarily stop enforcement automatically. If bailiff action, an attachment of earnings application, a charging order or another enforcement step is underway, the applicant may need to ask separately for enforcement to be stayed. The application should explain the urgency, identify the enforcement action and state why a stay is required.
The evidence should provide a clear and chronological account. Relevant material may include address records, tenancy agreements, council tax documents, electoral records, utility bills, correspondence, payment evidence, contracts, account statements, claim documents and evidence supporting the proposed defence. The strongest evidence is organised, relevant and directly connected to the reasons relied upon.
A timeline helps the court understand when the underlying events occurred, when the claim was issued, where the defendant lived, when the judgment was discovered and what action followed. Important dates should be supported by documents where possible. A clear chronology can also help demonstrate that the application was made promptly after the applicant became aware of the judgment.
Where the application relies on having a real prospect of successfully defending the claim, a draft defence can help show the court that the proposed case is genuine and properly understood. The document should respond to the substance of the claim rather than merely state that the debt is disputed. Whether a formal draft defence is necessary will depend on the case and the court's requirements.
The court will process the application and may list a hearing, issue directions or require further material. The application and supporting evidence will normally need to be provided to the other party in accordance with the applicable procedure. The claimant may agree, oppose the application or provide its own evidence. Applicants should read every court notice carefully and comply with all deadlines.
At a hearing, the judge may consider how the judgment was obtained, whether the relevant procedural rules were followed, the strength of any proposed defence, the explanation for the original failure to respond, the speed of the application and the evidence filed by both parties. The judge may grant or refuse the application, adjourn the matter, vary the judgment or make further case-management directions.
The judge may ask when the applicant first learned of the judgment, why no acknowledgment or defence was filed, where the applicant was living, what happened after the judgment was discovered and what defence is relied upon. The judge may also ask about supporting documents, previous correspondence, payment history and any delay. Answers should be accurate, concise and consistent with the written evidence.
A claimant may sometimes agree that a judgment should be set aside, particularly where the parties accept that the claim should be reconsidered or have reached an agreement about the proceedings. Agreement can be relevant, but the parties should not assume that the court will automatically make every order requested. Any proposed consent order should address what happens to the judgment, the claim, costs and future deadlines.
The court has discretion over costs. It may order one party to pay some or all of the other party's costs, reserve the question of costs until later or make another costs order. Even a successful applicant is not guaranteed recovery of the application fee or legal expenses. The result may depend on why the judgment occurred, how the parties behaved and whether the application was reasonably necessary.
A court fee is usually payable when Form N244 is filed, although the amount can change and may depend on how the application is dealt with. Check the current HM Courts and Tribunals Service fee information before submitting the application. People receiving certain benefits or with qualifying income and savings may be eligible for Help with Fees.
Help with Fees is the HM Courts and Tribunals Service scheme that may reduce or remove a court fee for an eligible applicant. Applications can be made online or using Form EX160. Eligibility depends on matters including income, benefits, savings and other disposable capital. A Help with Fees application should normally be made at the same time as the relevant court application.
The general rule is that an application is made to the court or County Court hearing centre where the claim was started. If the claim has since been transferred, it will usually be made to the court or hearing centre to which it was transferred. Check the judgment, recent court correspondence and current filing instructions before submitting the documents.
There is no single short deadline that applies identically to every set aside application, but this does not mean an applicant can wait indefinitely. Promptness is expressly relevant to an application under the discretionary test. The longer the delay, the more important it becomes to provide a complete and credible explanation supported by evidence.
If the judgment is set aside, the court will normally make an order confirming that result and explaining what happens next. The defendant may be required to file a defence, the claimant may need to take a further step, and the case may proceed towards another hearing or trial. The applicant should not assume that the claim has ended unless the court's order clearly says so.
If the application is refused, the existing judgment will normally remain enforceable. The applicant may also face a costs order. Any possibility of appealing or making a further application will depend on the decision, the reasons given by the judge and the applicable procedural rules. Disagreement with the result alone does not create an automatic right to reopen the same issues.
A set aside application and an appeal are different procedures. A set aside application commonly challenges a default judgment or the circumstances in which an order was made without the matter being determined after a defended trial. An appeal challenges a judicial decision on recognised appeal grounds. The correct procedure depends on how the judgment arose and what is said to be wrong with it.
Setting aside challenges the existence of the judgment through a court application. Paying in full within one calendar month does not challenge the judgment, but it can allow the entry to be removed from the public register after the appropriate steps are completed. These routes have different purposes and should not be treated as interchangeable.
A judgment paid in full after the first calendar month can normally be marked as satisfied. It will generally remain on the register for six years from the judgment date, although the record will show that it has been paid. A set aside removes the judgment itself, subject to the terms of the court's order, and is not simply another description for satisfaction.
Professional advice may be especially valuable where service is disputed, the claim is substantial, the proposed defence is legally complex, enforcement is imminent, the claimant strongly opposes the application or significant costs may be incurred. Advice can also help distinguish between a set aside application, an appeal, an application to vary payment and other available procedures.
Confirm the court and claim number; obtain the judgment and available claim documents; establish the address and service history; record when and how the judgment was discovered; identify the legal basis for the application; prepare a chronological account; collect supporting evidence; formulate the proposed defence; consider whether enforcement must be stayed; check the current court fee and Help with Fees eligibility; and comply with every filing and service requirement.
Primary sources
Use these official sources to check the current court rules, forms and procedural guidance before taking action.
Civil Procedure Rules
Official rules distinguishing mandatory and discretionary set aside and the requirement to consider promptness.
View official sourceHMCTS / GOV.UK
The current HMCTS form and completion guidance for applications including setting aside a judgment.
View official sourceGOV.UK
Government guidance on applying to set aside a CCJ and the distinction from payment-related credit record updates.
View official sourceHMCTS / GOV.UK
Check the applicable application fee and help with fees before filing: court fees may change.
View official sourceNo. A court order is normally required. The court must set aside a default judgment in certain circumstances where it was wrongly entered, but the applicant must still bring the matter before the court and establish the relevant facts.
Not necessarily. An old address may be highly relevant, but the court may need to examine whether service complied with the applicable rules, what information was available to the claimant and whether the applicant has another basis for setting the judgment aside.
Not receiving the claim form may be relevant, but the court will consider the full circumstances. The application should explain the address history, how service occurred, when the judgment was discovered, what action followed and whether there is a genuine defence to the claim.
Form N244 is the application notice used to ask a court to make an order, including an order setting aside or varying a judgment. It asks what order is sought, why it should be made and what evidence the applicant will rely upon.
A set aside application normally needs evidence explaining the relevant events and supporting the requested order. Depending on how the application is prepared, that evidence may be contained in a witness statement, the application form or both.
A draft defence can be important where the application relies on a real prospect of successfully defending the claim. It helps demonstrate the substance of the proposed case rather than presenting only a general denial.
You should investigate and act without unnecessary delay. For a discretionary application, the court must consider whether it was made promptly. Keep evidence showing when you discovered the judgment and what you did afterwards.
Not necessarily. An applicant may need to request a stay of enforcement as part of the application or through another appropriate application. Urgent action may be required where enforcement is already underway.
The court may list a hearing so that the application can be considered. Whether a hearing is required and how it is conducted will depend on the application, any agreement between the parties and the court's directions.
Court fees can change. Check the latest HM Courts and Tribunals Service fee information before filing rather than relying on an older figure. You may be eligible for Help with Fees depending on your financial circumstances.
The claimant can agree to a proposed set aside, but the court may still need to approve the order. Any agreement should address the judgment, the future of the claim, legal costs and any filing deadlines.
No. Setting aside removes the judgment, not automatically the underlying claim or alleged debt. The claimant may continue the proceedings and the defendant may need to file and prove a defence.
When a judgment is set aside, it should be removed from the Register of Judgments, Orders and Fines and subsequently from the associated credit records. Keep the court order and check that the relevant records are updated.
If the judgment was paid in full within one calendar month, you can apply for the entry to be removed from the register. This is a payment-based cancellation process and is different from challenging the judgment through a set aside application.
A judgment paid in full after one calendar month can normally be marked as satisfied. It will usually remain on the register for six years from the judgment date, but the record will show that it has been paid.
A negative effect on creditworthiness is not by itself a legal ground for setting aside a judgment. The application must be supported by an applicable procedural basis, a real prospect of defending the claim or another good reason recognised by the court.
No. Setting aside and appealing are distinct procedures with different legal tests and requirements. The correct route depends on how the judgment was made and what aspect of it is being challenged.
Yes. Costs are within the court's discretion. The court may order either party to pay costs, reserve costs until later or make another costs order depending on the circumstances.
The original claim will commonly continue unless it is discontinued, dismissed, settled or otherwise concluded. The court may set a deadline for a defence and issue further case-management directions.
A solicitor is not compulsory in every case, and some people prepare applications themselves. Legal advice may be valuable where service, limitation, evidence, enforcement, legal costs or the proposed defence is complicated.
Still trying to understand your options? These guides explain the most common ways to deal with a County Court Judgment, including set aside applications, removal, court forms and what happens after payment.
Learn when you can ask the court to set aside a judgment and when this may be appropriate.
Understand the difference between setting aside a judgment and having it removed from your credit record.
A guide to Forms N244 and N443, including when each form is used.
Find out when a CCJ may be cancelled after payment and what steps you should take.
An overview of the different routes available depending on your circumstances.
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