What to do if…
you missed a court response deadline and fear a default judgment

What to do now

1. Work out which legal system and court this is in. Check the paperwork for the court name and claim number:
   • England and Wales: County Court or High Court; some money claims may mention MCOL, Civil Money Claims, CNBC, or a County Court hearing centre.
   • Scotland: Sheriff Court; the paperwork may say simple procedure, summary cause, or ordinary cause.
   • Northern Ireland: County Court or High Court.
2. Check whether a default decision is already on the record. Using the case number, contact the court office or online service named on the paperwork and ask:
   • “Has default judgment, decree, or the equivalent already been entered?”
   • “If not, has it been requested or is it pending?”
   • “What can I still file today, and by what route?”
   • “How do I get written proof that it has been filed?”
3. If this is England and Wales and judgment is not entered yet, file the response the court will still accept.
   • Ask whether you can still file an Acknowledgment of Service, Defence, admission, or other response.
   • Use the route named on the claim, such as MCOL for an MCOL claim, another online service if named, or the court office route.
   • Save proof, such as a confirmation screen, email receipt, postal proof, or court-stamped copy.
4. If this is England and Wales and judgment is already entered, ask about an urgent set-aside application.
   • Form N244 is commonly used to ask the court to set aside or vary a judgment and, where relevant, to suspend enforcement.
   • Keep the request tight: say when you found out, why you acted promptly, why the judgment should be set aside, and whether you have a real defence or a service problem.
   • If enforcement is threatened, ask the court how to include a request to suspend or pause enforcement while the application is considered.
5. If this is Scotland, ask the sheriff clerk about recall or the correct equivalent route.
   • Call the Sheriff Court named on the paperwork and ask what procedure applies to a decision or decree made because you did not respond, attend, or take a required step.
   • If it is simple procedure, ask about an Application to Recall, commonly Form 13B, and what response form or defence must be lodged with it.
   • If it is ordinary cause, ask whether you need a different step, such as a reponing note, and get legal advice as soon as you can.
6. If this is Northern Ireland, ask the court office how to apply to set aside the judgment.
   • Use the case number and ask whether the matter is County Court, High Court, or small claims.
   • Ask what application, form, fee, and filing route apply.
   • If enforcement has started or is threatened, ask whether you should also request a pause on enforcement while the application is dealt with.
7. Make a one-page timeline and collect proof. Put these in one folder:
   • the claim form, judgment, decree, envelope, and postmark;
   • proof of address change or late delivery, if relevant;
   • the exact date you first learned about the claim, judgment, or decree;
   • a short bullet-point outline of your defence or the reason you did not receive or respond to the papers.
8. If a court fee is a barrier, ask about fee help at the same time.
   • In England and Wales, you can apply for Help with Fees and submit the fee-help reference or form with the court application.
   • In Scotland or Northern Ireland, ask the court office what fee exemption, remission, or waiver process applies.