DMBM665640 - CCP: Defendant does not respond to the claim - judgment in default

Experience shows that most defendants fail to take any action within the time available to them. Where

• the defendant, or defendants where there is more than one, has not filed an Acknowledgment of Service ( DMBM665630) or a defence and
• the time for filing has expired

you are entitled to judgment in default under Part 12 of the CPR.

CCBC cases

Judgment in default will be entered automatically 22 days after issue of the claim in cases issued through the CCBC. The 22 day B/F period between the issue of the claim and the entry of judgment includes the normal 14 day B/F period from the deemed date of service (5 days after the date of issue) plus a few extra days to allow for weekends and Bank Holidays.

Interest to judgment will be calculated automatically by IDMS.

IDMS does not have a de-minimis amount for the inclusion of interest amounts in the claim or at judgment.

Manual cases

It is important that you request judgment immediately the 14 days have expired. If not, you are allowing the defendant(s) more time to file a late defence, which may be time consuming and expensive to resolve.

You must organise your work so that you request judgment immediately the 14 days have expired, calculated from the deemed date of service ( DMBM665390). This is the day after that given to the defendant to reply on the N205A. The higher debt manager should ensure that a robust system is in place to make sure that applications for judgment in default are made at the earliest possible opportunity.

Where there is more than one defendant in the action, each must be pursued separately and judgment must be entered against each one.

How to request judgment in default

To request judgment in default you should complete either

• the bottom part of form N205A [Notice of issue (specified amount)]
• form N225 [Request for Judgment and reply to Admission (specified amount)] or
• form N30 [Judgment for Claimant (in default)].

Order for payment of the judgment debt

Besides asking for judgment to be entered, you need to ask the court to order the defendant to pay the judgment. Normally you should ask the court to order payment ‘forthwith’ but exceptionally, where you know the debtor has goods that would be susceptible to a warrant of execution, you may specify payment by monthly instalments in the amount you believe you may recover by warrants of execution.

Interest

Calculate interest from the date of your claim to the date of your application for judgment and enter it on the form.

Date of birth

You should include the defendant’s date of birth (if known) on an application for judgment. If you do not have the date of birth the court will accept your application without it. A reason for omitting the date is not required.

Action to take

After recalculating the interest

• prepare an imminent proceedings list ( DMBM615200)
• carry out an RP check ( DMBM615040)
• sign the application, and
• deliver the form to the court (no fee is payable).

It is not strictly necessary for the claimant to sign the application personally. An experienced officer may sign the application under the direction of the claimant.

The court will usually enter judgment within 10 days of your application, though this may vary depending on the court’s workload at that particular time.

Once judgment has been entered, you should follow the guidance at DMBM666520 onwards.

Time limit for entry of judgment

If for any reason you do not apply for judgment within 6 months from the end of the period for the debtor to file a defence, the court will stay the action in accordance with CPR15.11.

Stays of proceedings

A stay imposes a halt on the proceedings. To have the stay lifted you will have to make a formal application to the court on form N244, and pay a fee that you cannot recover from the debtor.