Once you have issued a County Court Claim, the debtor must respond within 14 days. If they fail to do so, you can apply for a Default Judgment, which legally confirms that they owe the money.
What is a Default Judgment?
A default judgment is a court order stating that the debtor is legally required to pay the debt. It occurs when:
- The debtor ignores the claim and does not respond within 14 days.
- The debtor fails to file a defence.
A default judgment gives you the right to enforce the debt through high court enforcement officers, bailiffs, an attachment of earnings, or a charging order.
How to Apply for a Default Judgment
If the debtor does not respond, you can request a judgment in default via:
- Money Claim Online (MCOL) (for online claims).
- Form N225
Once granted, the judgment will appear on the debtor’s credit record, making it harder for them to obtain credit in the future.
What If the Debtor Disputes the Claim?
If the debtor files a defence, the case may go to a court hearing. At Talbots Law, we provide expert legal representation to fight your case.
In our next article, we will discuss enforcement options once a judgment has been obtained.
Supporting your Debt Recovery Challenges
Recovering unpaid debts can be a frustrating and time-consuming process, particularly if you are unfamiliar with the legal procedures involved. As experienced civil litigation lawyers, we have put together a clear, step-by-step guide to help individuals and businesses understand the debt recovery process in England and Wales.
Our series of comprehensive articles will walk you through each stage, from initial communication with the debtor to enforcement of a court judgment.
For further information and guidance, read the full series:
- Step 1 – Contacting the Debtor
- Step 2 – Sending a Letter Before Action (LBA)
- Step 3 – Issuing a County Court Claim
- Step 5 – Enforcing a County Court Judgment
- Step 6 – Warrant of Control: Sending Bailiffs to Recover a Debt
- Step 7 – Writ of Control and HCEOs
- Step 8 – Charging Orders and Orders for Sale
- Step 9 – Attachment of Earnings Order
- Step 10 – Third-Party Debt Orders
- Step 11 – Preventing Debt Issues
Expert Legal Advice
Our debt recovery product, Talbots Collect, is a fixed-fee debt recovery product specifically focussed on business-to-business debts that is fast, simple, and delivered at a competitive price. If you would like to speak with one of our debt recovery experts, please complete the form below.
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
This blog was written by Tessa Rhodes, Associate & Debt Recovery Manager, in our Dispute Resolution Team.