Start with the judgment and the court record
Record the court, claim number, parties, judgment date, amount, payment terms and any enforcement activity. Obtain the claim form, particulars of claim, response pack and available service information. The application cannot be prepared reliably from a credit report entry or a collector's summary alone because those records may not show the pleaded case, address used, procedural history or terms of judgment.
Create a short chronology beginning with the alleged service of the claim and ending with the date on which the applicant first obtained reliable knowledge of the judgment. Identify every address used, when the applicant lived or traded there, any notice of address change, redirection arrangements and the source of the date information. Keep envelopes, tenancy documents, council tax records, correspondence and portal or credit-file alerts that may confirm the sequence.
Identify the Part 13 route
Part 13 distinguishes between circumstances in which the court must set judgment aside and those in which it may do so. The correct analysis depends on whether the conditions for default judgment were satisfied, including service and the time for responding, and whether there is a real prospect of successfully defending the claim or another good reason for setting the judgment aside or permitting a defence. Do not describe every service concern as automatic invalidity without checking the rule and the court record.
Where the application relies on a proposed defence, prepare a focused draft defence or a detailed defence summary. It should respond to the claim's material allegations, identify what is admitted, denied or not admitted, and connect each position to documents or facts. A bare statement that the debt or claim is disputed does not demonstrate a real prospect of success.
Explain promptness with dates and documents
Promptness is an express consideration under the discretionary route. State when the judgment was discovered, what was done immediately afterwards, when the claim papers were obtained, when advice or records were requested, and when the application was prepared. Explain any interval rather than leaving the court to infer inactivity. The chronology should be consistent with emails, calls, court requests, medical records or other documents.
If delay arose from illness, disability, housing instability or difficulty accessing the file, describe the practical effect and the steps still taken. Avoid unnecessary personal detail, but provide enough evidence to show why the application could not reasonably be made sooner.
Prepare the N244 application and evidence
Use the current official N244 form and instructions. State the order sought, whether a hearing is requested, the time estimate if known, the level of judge if required, the evidence relied on and the persons to be served. Check the current fee and whether Help with Fees may apply. A supporting witness statement should be numbered, signed with the correct statement of truth and exhibit the key documents in a clear sequence.
The requested order should be specific. It may address setting aside the judgment, staying enforcement where justified, directions for filing a defence and costs. The wording must match the actual procedural position and should not promise that enforcement automatically stops merely because an application is being prepared.
Deal with enforcement separately
A set-aside application does not necessarily stop enforcement by itself. Identify any warrant, attachment, charging order, third-party debt order or other enforcement step and verify the route for an urgent stay or related application. State the immediate risk accurately and provide evidence, such as an enforcement notice or hearing date.
After filing, preserve the sealed application, payment or fee-remission confirmation, hearing notice and proof of service. Comply with any direction to file evidence or a defence and continue monitoring the court record.
Final verification
Check that names, addresses, claim number, judgment date, requested order and chronology match throughout the form, witness statement, draft order and exhibits. Remove unsupported accusations about the claimant, process server or court. Distinguish facts known personally from matters understood from documents.
Read the application as a judge would: is the procedural ground clear, was the application made promptly, is the proposed defence intelligible, and can every significant assertion be located in the evidence?
Frequently asked questions
Does an N244 application automatically stop enforcement?
No. Check the current position and seek an appropriate stay where necessary rather than assuming that filing alone suspends enforcement.
Is an old address enough to set aside judgment?
Not by itself. The court must consider the applicable service and default-judgment rules, the evidence about the address, promptness and any proposed defence.
Should a defence be attached?
A supported draft defence or detailed defence summary is commonly important where the application relies on a real prospect of successfully defending the claim.
Prepare before acting
- Obtain the judgment, claim form, particulars and available service record.
- Build a dated chronology from alleged service to discovery of judgment.
- Check whether the application relies on a mandatory or discretionary ground.
- Prepare a supported draft defence or defence summary where relevant.
- Use the current Form N244 and verify the current fee or Help with Fees route.
- Prepare a numbered witness statement and clearly labelled exhibits.
- Address any enforcement risk and whether a separate stay is required.
- Keep filing, service and hearing confirmations together with the final bundle.
Legal and procedural foundation
- Civil Procedure Rules Part 13
- Form N244 — application notice
- GOV.UK — cancel or set aside a County Court judgment
Forms, deadlines, fees, filing and service requirements must be checked against the current official material and the circumstances of the particular matter.
Verify the current position
Links lead to the material used to structure this publication.