How do I request to enter judgment by default?
Fixed sum money claim
If you made your claim on paper, you will need to complete the bottom half of your Notice of Issue that the court sent you when you made your claim.
Before submitting your request, make sure you decide how you want the defendant to pay the amount they owe. Think carefully about this. You may be more likely to the get the money if you give the defendant extra time, either by allowing them to pay in instalments over a period of time or at a future date.
When the court has received your request, they will complete a "judgment for claimant" which gives the defendant details of the money they owe. Both you and the defendant will receive copies of the judgment. It will also be recorded on the Register of Judgments Orders and Fines.
Unspecified sum money claim
Complete the bottom of the judgment request section on the "notice of issue (unspecified amount) form" (N205B) and to request judgment by default complete form N227 Request for judgment by default (amount to be decided by the court).
A judge will decide:
- if a court hearing is needed, or
- what evidence they need to make a decision
The judge may decide to deal with the claim in a "disposal hearing". At the disposal hearing the judge will either:
- ask for more documents and evidence to help them make a final decision about the amount, or
- decide the amount the defendant has to pay, if it is a simple case
The court will send you and the other side a copy of the judge's decision.
[return to questions and answers]