Judgment in Default
You may be able to enter "Judgment in Default" against your opponent without the need for a Hearing if:
1. Your opponent does not return the Acknowledgment of Service Form or does not return the form for defending a claim or file a separate defence. Your opponent has a set time limit to return this form to the court. For some actions this is 14 days and for others it is 21 days. The court will be able to tell you when this form should be returned to them by your opponent.
2. Your opponent admits part or all of your claim.
If your opponent admits only part of your claim you can enter judgment for the amount admitted but will have to argue in court about the amount which is not admitted.
To enter Judgment in Default you will need to obtain a Form from the court, this is known as a "Request for Judgment" Form. You can send this to the court if your opponent has not paid you or replied to your Summons.
You cannot obtain judgment in default if your claim is for delivery of goods which are subject to an agreement covered by the Consumer Credit Act 1974. See our Consumer Law section. Or a claim for money secured by mortgage or probate proceedings.
- Small Claims Court
- Can I bring a small claim?
- Claiming costs for a small claim
- Claiming interest in the small claims court
- Statutory Interest
- How to claim in the small claims court
- Deciding a Specific Issue
- Time limits for bringing a small claim
- Judgment in Default
- Summary Judgment
- Statement of Truth
- Striking out a Claim or a Defence
- Enforcement of a small claim judgment
- Affidavit in Support
- Bankruptcy in the small claims court
- Setting Aside Judgment
- Human Rights Act 1998 - and your civil case
- Links & Addresses