Discovering a CCJ you never knew about, or believe is simply wrong, is different from owing money you don't dispute. Setting a judgment aside reopens the case rather than writing off the debt, and the court applies a specific legal test rather than general fairness, so it's worth understanding exactly what you need to show before you apply.

Step 1: Work out which of the two routes applies to you

There are two entirely different tests for setting aside a judgment, and which one applies changes everything about how strong your application needs to be. The mandatory route (CPR 13.2) applies in specific, fairly narrow circumstances; the discretionary route (CPR 13.3) applies to almost everything else and asks the court to use its judgment. Work out which one actually fits your situation before drafting anything, since arguing the wrong test wastes the court's time and yours.

Step 2: Check whether you qualify under the mandatory ground

The court must set aside a judgment, with no discretion to refuse, if the claimant didn't actually have the right to enter it: for example, you'd already paid the whole debt before judgment was entered, or the claim form was never validly served on you so your response window never properly started. If either of these is genuinely true, this is the strongest possible application, since the judgment shouldn't have existed in the first place, and the claimant will usually end up covering the costs of the application.

Step 3: If not, understand the discretionary test you'll need to meet

Most applications fall under the discretionary ground instead, which requires you to show either a real prospect of successfully defending the claim, or some other good reason why the judgment should be set aside. A real prospect isn't a bare denial, it needs a specific, credible account of why you don't actually owe the money or why the amount is wrong, backed by whatever evidence you have. The court is free to refuse even where you meet this test, so the strength of your explanation matters more here than under the mandatory route.

Step 4: Act promptly, because delay counts heavily against you

Under the discretionary route, how quickly you apply after learning about the judgment is one of the biggest factors a court weighs. Applying within a week or two of finding out is treated favourably; waiting one to two months requires a genuine explanation and becomes discretionary rather than likely; and waiting several months or longer makes success considerably harder even with an otherwise strong defence. If you've just discovered a judgment against you, this is not something to sit on while you decide what to do.

Step 5: Complete Form N244 and build your evidence

Applications are made using Form N244 (Application Notice), setting out what you're asking the court to do and why. Attach a witness statement explaining what happened, why you didn't respond in time or weren't validly served, and how quickly you acted once you found out, along with a draft defence showing the substance of your case if you're relying on the discretionary ground. A vague or generic statement undermines an application that otherwise has a real chance.

Step 6: Pay the application fee and file with the right court

File Form N244 with the court that entered the judgment, along with the current application fee, which is published on gov.uk and varies depending on whether the application is agreed by the other side or contested. The court will either deal with it on paper or list a short hearing, and the claimant is entitled to respond and oppose your application if they disagree with it.

Step 7: Know what happens next either way

If the application succeeds, the judgment is set aside and the case is reopened, not settled or dismissed, so you'd then need to file a proper defence and the claim proceeds as if judgment had never been entered. If it fails, the original judgment and its consequences, including the six-year credit file entry and any enforcement already in motion, stand exactly as before. Applying doesn't pause the underlying debt, so keep an eye on enforcement risk while any application is pending; see our guide on paying off a CCJ if enforcement becomes the more urgent issue.

A worked example

A default judgment for £1,800 is entered against someone who moved house two years ago; the claim form was sent to their old address and they only find out when a bailiff letter arrives at their current one. Within a week of finding out, they file Form N244 with a witness statement explaining they were never served and setting out a genuine dispute over part of the amount. Because the claimant never had a valid right to enter judgment against an address the defendant no longer lived at, the court sets the judgment aside under the mandatory ground, and the claim proceeds to be properly defended.

This guide is general information, not legal advice, and court rules, fees, and case law on setting aside judgments can change. LawClaims is a document preparation tool, not a law firm, and no solicitor-client relationship is formed by using it or reading this page. Applications to set aside a judgment can be legally technical, so consider speaking to a solicitor or a free advice service such as Citizens Advice or National Debtline before you apply.

How to Set Aside a County Court Judgment