County Court Proceedings — From Claim to Enforcement
Frequently Asked Questions
I was not served with the claim and a default judgment was entered — can it be set aside?
Yes — where a judgment was entered in circumstances where you were not properly served with the claim (for example, the claim was sent to an old address), it can be set aside as of right under CPR 13.2, without the need to demonstrate a real prospect of successfully defending the claim. A solicitor identifies the correct basis for the application, files the Form N244 application with an accompanying witness statement explaining when you became aware of the judgment, and applies urgently to stay enforcement in the meantime.
A charging order has been granted — can the creditor force a sale of my home?
A charging order secures the debt against the property but does not automatically permit a forced sale. The creditor must make a separate application for an order for sale, and the court has a wide discretion to refuse or postpone such an order — particularly where the home is occupied by a spouse, civil partner, or dependent children. The court weighs the interests of the creditor against the hardship to the occupiers. For relatively modest debts, the court often refuses to grant an order for sale. A solicitor represents you at the order for sale hearing and argues against the sale.
How can I remove a CCJ from my credit file?
A CCJ remains on the register for 6 years from the date of judgment, unless it is set aside or paid in full within 1 month of being entered. If the full amount is paid within 1 month, the entry is cancelled and removed from the register entirely. If paid after 1 month, the register entry is marked "satisfied" but the entry remains visible for the 6-year period. A solicitor advises on setting aside a default judgment (if applicable) or on the most cost-effective approach to satisfying the judgment to improve your credit position.
The CCJ was for a disputed debt — can I still challenge it?
Yes, but the grounds and timing matter. Where you have a real prospect of successfully defending the claim (CPR 13.3), a solicitor applies to set aside the default judgment and file a defence. The court has a discretion — it considers the explanation for the failure to respond and the strength of the proposed defence. A solicitor also advises on whether a counterclaim arising from the same transaction provides a set-off against the judgment debt. Even after enforcement proceedings have begun, a solicitor can apply to stay enforcement pending the setting-aside application.
Can a creditor use a CCJ to make me bankrupt?
Yes — a CCJ for £5,000 or more that remains unsatisfied is evidence that the debtor cannot pay their debts and can be used as the basis for a bankruptcy petition without the need for a statutory demand first. A solicitor advises on the full range of options when facing both a CCJ and the threat of bankruptcy — from applying to set aside the judgment, to negotiating a payment arrangement with the creditor, to taking advice on the most appropriate personal insolvency procedure.