Written by

Philip Young

Founder of Garfield

Table of contents:

1. Check the Deadline for Response

2. Request a Judgment in Default

Steps to Apply for a Default Judgment:

3. Considerations for Requesting Default Judgment

4. After Obtaining a Default Judgment

Enforcement Options:

5. Communicating with the Defendant

Conclusion

Handling unresponsive defendants in small claims

Learn how to proceed when a defendant ignores a small claims Court claim in the English legal system, including obtaining a default judgment and enforcement options.

Ghosting fax machine

When a claimant has issued a Court claim for a debt in the small claims track of the English Courts and the defendant fails to respond within the required timeframe, the claimant can take specific steps to finalise the matter by obtaining a default judgment. Here’s a detailed guide on how to proceed under these circumstances:

1. Check the Deadline for Response

First, verify that the deadline for the defendant to respond has indeed passed. Defendants typically have 14 days from the date they receive the claim to respond. If they acknowledge the claim, they have an additional 14 days (28 days in total from the date of service) to file a defence.

Garfield will help you by keeping track of these deadlines for you.

2. Request a Judgment in Default

If the defendant does not respond within the stipulated time, the claimant can apply for a default judgment. This is a judgment granted by the Court due to the absence of a response from the defendant, effectively ruling in favor of the claimant because the defendant has not disputed the claim.

Steps to Apply for a Default Judgment:

  • Completing the Application: Form N225 (Request for Judgment and Reply to Admission) for fixed amounts. This form requires filling in details about the claim and the amount you are seeking to recover.
  • Filing the Application: Submit the completed form to the Court. This can usually be done online through the Court’s digital services or by mail.
  • Court Fees: There is typically no fee for filing for a default judgment.

Garfield will help you by preparing the N225 form and by sending it to the Court for you.

3. Considerations for Requesting Default Judgment

  • Ensure Compliance: Before applying for a default judgment, ensure that all procedural requirements have been met, including that the claim was said by the Court to have been served on the defendant.
  • Accuracy of Claim: Confirm that the details of the claim, especially the amount being claimed (including any interest and costs), are accurate and justified, as the court will issue a judgment based on this information.
  • Potential Set Aside: Be aware that a defendant can apply to have the default judgment set aside if they later provide a reasonable excuse for not responding and an indication that they have a valid defence to the claim. This could potentially lead to a full court hearing.

4. After Obtaining a Default Judgment

Once a default judgment is granted, it becomes enforceable. The defendant is required to pay the judgment debt. If the defendant does not voluntarily pay the judgment, the claimant may need to take further steps to enforce it.

Enforcement Options:

  • Warrant of Control: Allows bailiffs to seize goods from the defendant’s property to sell at auction to recover the debt.
  • Attachment of Earnings Order: Directs the defendant’s employer to deduct a portion of their earnings to pay off the debt.
  • Charging Order: If the defendant owns property, a charging order can secure the debt against their property.
  • Third Party Debt Order: Freezes funds in the defendant’s bank or building society accounts and allows for the payment of the debt from these funds.

5. Communicating with the Defendant

Even after obtaining a default judgment, it can be worthwhile to attempt communication with the defendant to arrange payment. Sometimes, settling the matter without further enforcement action can be more cost-effective and quicker.

Garfield will help you with this by writing to the defendant to attach a copy of the default judgment and to request payment.

Conclusion

If a defendant ignores a Court claim in the small claims track, the claimant should consider applying for a default judgment. This approach necessitates a thorough check that all legal and procedural requirements have been met and that the claim details are accurate and justified. By understanding the process and diligently following the steps, a claimant can effectively secure a judgment and subsequently enforce it, ensuring that the debt is recovered.