Default Judgment at OCMC: What Really Happens When the Defendant Doesn’t Respond

You have filed a money claim through the Online Civil Money Claims (OCMC) service. The defendant has been served. The 14-day response window has passed — and nothing. No acknowledgment of service. No defence. No contact whatsoever.

For many claimants, this feels like a victory. The natural assumption is that silence equals surrender, and that default judgment is the final step before money arrives in your account. In some cases, that is exactly what happens. In others, it is only the beginning of a longer and more frustrating process than the claim itself.

This guide sets out what default judgment actually is, how to request it through OCMC, and — honestly — what it does and does not achieve. It is based on the reality of claims filed, judgments obtained, and the enforcement challenges that follow. Not every default judgment leads to recovery. Understanding why is essential before you file.

What Is Default Judgment and When Does It Apply?

Default judgment is a court order entered in the claimant’s favour without a hearing, because the defendant has failed to respond to the claim within the time permitted by the Civil Procedure Rules. The relevant provisions are found in CPR Part 12.

For a specified money claim — one where you are asking for a fixed sum — the claimant can request default judgment once the deadline for filing a defence has expired. That deadline is 14 days from deemed service, or 28 days if the defendant filed an acknowledgment of service but no defence (CPR 10.3).

The conditions for obtaining default judgment are straightforward:

• The time for filing a defence has expired
• No defence has been filed
• The defendant has not applied for summary judgment against the claimant
• The claimant has not been notified that the defendant has satisfied the claim

If those conditions are met, judgment is largely administrative. The court does not assess the merits of the claim. It simply checks that the procedural requirements have been satisfied and enters judgment for the amount claimed, plus any interest and fixed costs. For a broader overview of the entire claims process, see our guide to starting a money claim at OCMC.

How to Request Default Judgment Through OCMC

For specified money claims issued through OCMC, the request for default judgment can be made directly through the online system at moneyclaims.service.gov.uk. This is the online equivalent of the paper Form N225 (Request for Judgment and Reply to Admission — Specified Amount).

When you log in to your OCMC dashboard and the response deadline has passed without any filing from the defendant, the system presents the option to request judgment. The process asks you to confirm:

• The amount of the claim (principal sum)
• The amount of interest accrued to the date of judgment
• The court fee paid
• Any fixed solicitor’s costs (if applicable)
• Whether you want the defendant to pay immediately or by instalments

The total judgment figure is the sum of all of the above. Getting the interest calculation right is important — the court will not correct it for you, and an incorrect figure can provide grounds for the defendant to challenge the judgment later.

For claims filed on paper rather than through OCMC, the request is made on Form N225 and sent to the County Court Money Claims Centre (CCMCC) in Salford. Our Form N225 guide covers the paper process in detail.

Genuine Cases for Default Judgment — and Cases That Are Not

Default judgment exists for a legitimate purpose: to ensure that defendants cannot defeat valid claims simply by ignoring them. The court system would be unworkable if claimants with meritorious cases were left without remedy whenever a defendant chose not to engage.

The types of claims where default judgment serves its proper function include:

• Unpaid invoices — where goods or services were provided, an invoice was issued, and payment has not been received despite reasonable demands
• Breach of contract — where there is a clear written or oral agreement, a breach has occurred, and a quantifiable loss has resulted
• Legitimate consumer debts — where money was lent or credit was extended, the terms are clear, and the borrower has defaulted on repayment
• Deposits not returned — where a landlord or service provider has retained a deposit without lawful basis

However, default judgment is not a mechanism for every grievance that involves money. Claims that are not suitable for the OCMC process, or where default judgment is unlikely to achieve anything useful, include matters properly dealt with by HMRC, local authority penalty charges with their own statutory appeals process, and disputes where the legal basis for the claim is unclear or speculative. Filing a claim without a proper cause of action wastes court resources and risks a costs order against you if the defendant applies to set the judgment aside.

Before filing any claim, it is worth conducting an honest assessment of whether you have a viable cause of action. Our guide on evaluating whether you have a claim covers this in detail.

Common Mistakes Litigants Make with Default Judgments

Default judgment appears simple — and the mechanics of requesting it are. But several recurring mistakes undermine what should be a straightforward process.

Filing Against the Wrong Legal Entity

This is more common than many claimants realise. A sole trader, a limited company, and a partnership are different legal entities. If you contracted with ABC Services Ltd but filed against “ABC Services” (a sole trader name), your judgment may be unenforceable against the company. Always check Companies House before filing. The defendant on the claim form must match the legal entity that owes the debt.

Incorrect Address Leading to Failed Service

The claim is served at the address provided by the claimant. If that address is wrong — or if the defendant has moved — service may not be effective. The defendant may never actually receive the claim, which provides strong grounds for setting aside any default judgment obtained. For individuals, use their last known residential address. For companies, use the registered office as shown on Companies House.

Interest Calculation Errors

Contractual interest must be claimed at the rate specified in the contract. If there is no contractual provision, statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 may apply to business-to-business transactions at 8% above the Bank of England base rate. For other claims, the court may award interest under Section 69 of the County Courts Act 1984, typically at 8% per annum. The interest must be calculated from the correct start date (usually the date the debt became due) to the date of judgment, and expressed as a daily rate for the period between filing and judgment.

Assuming Default Judgment Means Money in the Bank

This is the single most important point in this guide. A default judgment is a court order. It is not a payment. If the defendant does not pay voluntarily after judgment, you must take enforcement action — which has its own costs, its own timescales, and its own uncertainties. Some defendants do not pay because they cannot pay. Others do not pay because they know enforcement is difficult. The judgment itself changes nothing about the defendant’s ability or willingness to pay.

Not Considering Enforcement at the Filing Stage

Before filing a claim, ask yourself: if I obtain judgment, can I actually enforce it? Is the defendant a trading company with assets and a bank account you can identify? Or is the defendant an individual with no fixed address and no visible means? A judgment against a defendant with no assets is worth very little in practice. The time to think about enforcement is before you issue the claim, not after you have a judgment you cannot collect on.

When the Court Sets Aside Default Judgment

Default judgment is not necessarily permanent. Under CPR 13.3, the defendant can apply to set aside a default judgment. The court must set it aside if the judgment was entered in breach of the procedural rules — for example, if the claim was not properly served, or if the request for judgment was made before the response deadline had expired.

Where the judgment was properly obtained, the court has discretion to set it aside if:

• The defendant has a real prospect of successfully defending the claim (CPR 13.3(1)(a)), or
• There is some other good reason why the judgment should be set aside or the defendant should be allowed to defend (CPR 13.3(1)(b))

In exercising this discretion, the court must also consider whether the defendant acted promptly once they learned of the judgment (CPR 13.3(2)).

In practice, courts are relatively willing to set aside default judgments where the defendant can show a credible defence. The rationale is that cases should be decided on their merits wherever possible, and a default judgment obtained without a hearing deprives the defendant of that opportunity. If the defendant applies to set aside and the application succeeds, you are back to a defended claim with all the time and cost that entails.

Set aside applications are made on Form N244 and usually require a witness statement from the defendant explaining why they failed to respond and setting out the proposed defence.

The Enforcement Gap: Judgment Is Not Recovery

This is the reality that many litigants discover only after they have obtained judgment. The gap between having a court order and having the money can be substantial — and in some cases, the gap never closes.

Enforcement options for a county court judgment include:

• Warrant of control — a county court bailiff attends the defendant’s address to seize goods (Form N323)
• Attachment of earnings order — the defendant’s employer deducts money from their wages (Form N337)
• Third party debt order — money is taken directly from the defendant’s bank account (Form N349)
• Charging order — the judgment is secured against the defendant’s property (Form N379)
• Order to obtain information — the defendant is ordered to attend court and disclose their financial position (Form N316)

Each enforcement method has its own application process, its own court fee, and its own limitations. A warrant of control is only useful if the defendant has seizable goods at the address. An attachment of earnings only works if the defendant is employed. A third party debt order requires you to know which bank the defendant uses. Enforcement is a separate stage of litigation in its own right.

Our guide to enforcing a county court judgment covers each method in detail, including the forms, fees, and practical considerations for each.

Tips for a Successful, Enforceable Default Judgment

Given the realities set out above, the following practical steps improve the likelihood of a default judgment that leads to actual recovery:

• Verify the defendant’s identity and address before filing. Check Companies House for companies. Use the electoral roll or a tracing agent for individuals. Serve at the registered office for a limited company — that is deemed good service regardless of whether anyone is actually there.
• Name the correct legal entity. John Smith trading as “Smith Builders” is not the same as Smith Builders Ltd. Get this wrong and your judgment is against the wrong person or entity.
• Calculate interest accurately. Show the daily rate, the start date, and the total to the date of the request. The court will not do this arithmetic for you.
• Request judgment promptly. Once the response deadline has passed, apply without unnecessary delay. Delay invites complications — the defendant may file a late defence, or the claim may go stale.
• Think about enforcement before you file. Research the defendant’s assets, employment status, and trading activity. If you cannot identify any route to enforcement, consider whether the claim is worth pursuing.
• Keep your OCMC dashboard updated. Check it regularly. Court communications, defendant responses, and system prompts all appear there. Missing a notification can derail your case.
• Preserve your evidence. Even though default judgment does not require a hearing, keep all your evidence organised. If the defendant applies to set aside the judgment, you will need to demonstrate the strength of your case at the set aside hearing.

Key Points to Remember

• Default judgment is available under CPR Part 12 when the defendant fails to respond within the permitted time — it is not automatic and must be actively requested.
• For specified claims at OCMC, the request is made through the online system (equivalent to Form N225 on paper).
• The court does not assess the merits of your claim when entering default judgment — it checks only that the procedural requirements are met.
• A default judgment is a court order, not a payment. If the defendant does not pay voluntarily, you must pursue enforcement separately.
• The defendant can apply to set aside a default judgment under CPR 13.3 if they have a real prospect of defending the claim or there is another good reason.
• Common mistakes — wrong entity, wrong address, incorrect interest, failure to plan for enforcement — undermine otherwise valid claims.
• The time to think about enforcement is before you file the claim, not after you obtain judgment.
• Default judgment serves genuine claims: unpaid invoices, breach of contract, legitimate debts. It is not a tool for speculative or vexatious litigation.

Frequently Asked Questions

How long does it take to get default judgment through OCMC?

Once you submit the request through the OCMC system, default judgment for a specified amount is typically entered within a few days. The process is largely automated for straightforward claims. However, the time from filing the original claim to obtaining judgment depends on when the response deadline expires — at minimum, 14 days from deemed service, or 28 days if the defendant filed an acknowledgment of service. For the full timeline of an OCMC claim, see our guide to what happens after filing at OCMC.

Can the defendant still respond after I have obtained default judgment?

Not in the ordinary sense — once judgment is entered, the time for filing a defence has passed. However, the defendant can apply to set aside the default judgment under CPR 13.3. If the court grants the application, the judgment is removed and the defendant is permitted to file a defence. The case then proceeds as a defended claim. The defendant must act promptly and demonstrate either a real prospect of defending the claim or another good reason for the judgment to be set aside.

What if the defendant pays part of the claim before I request judgment?

If the defendant makes a partial payment before you request judgment, you should request judgment for the remaining balance only. The OCMC system and Form N225 both allow you to specify the amount still outstanding. Do not request judgment for the full original amount if part has been paid — the court will reject the request, or the defendant will have clear grounds to challenge the judgment.

Is a default judgment the same as a CCJ?

Yes. A default judgment for a specified sum is a County Court Judgment (CCJ). It is registered on the Register of Judgments, Orders and Fines and will appear on the defendant’s credit file for six years. If the defendant pays the full amount within one calendar month of the date of judgment, they can apply to have the CCJ removed from the register. After one month, even if paid in full, the CCJ remains on the register (marked as “satisfied”) for six years.

What if I obtain default judgment but the defendant has no money?

A judgment against a defendant who has no assets or income to satisfy it is sometimes described as a “paper judgment.” You have a court order, but no practical route to recovery. In this situation, you can apply for an order to obtain information (Form N316), which compels the defendant to attend court and disclose their financial position under oath. This may reveal assets or income you were not aware of. If the defendant genuinely has nothing, enforcement may need to wait until their circumstances change — a charging order, for example, can secure the debt against property that may be sold in the future.

Last updated: March 2026. This guide applies to proceedings in England and Wales. Always verify current rules at justice.gov.uk.

Related Guides

• Form N225: How to Apply for Default Judgment
• How to Start a Money Claim at OCMC
• How to Enforce a County Court Judgment
• What Happens After You File at OCMC: The Complete Timeline
• Form N244: Application Notice Guide
• Do You Have a Claim? How to Evaluate Your Case
• Form N323: Warrant of Control
• Form N349: Third Party Debt Order
• Form N316: Order to Obtain Information

Frequently asked questions

What is a default judgment and when can I request one?

It is a court order entered in the claimant’s favour without a hearing, because the defendant failed to respond to the claim within the time permitted by the Civil Procedure Rules (CPR Part 12). For a specified money claim you can request it once the time for filing a defence has expired, no defence has been filed, the defendant has not applied for summary judgment against you, and you have not been told the claim has been satisfied.

How do I request default judgment through OCMC?

For specified money claims issued through OCMC, the request is made directly in the online system — it is the online equivalent of paper Form N225. When you log in and the response deadline has passed without any filing, the system offers the option to request judgment and asks you to confirm the principal sum, the interest accrued, the court fee paid, any fixed costs, and whether you want payment immediately or by instalments. For paper claims, Form N225 is sent to the County Court Money Claims Centre.

Why does the interest calculation matter so much?

The court will not correct your interest figure for you, and an incorrect figure can give the defendant grounds to challenge the judgment later. Interest must be claimed on the correct basis — the contractual rate where the contract specifies one, statutory interest where it applies — calculated from the correct start date to the date of judgment and expressed as a daily rate for the period between filing and judgment.

Does a default judgment mean I will get my money?

No. This is the single most important point in the guide: a default judgment is a court order, not a payment. If the defendant does not pay voluntarily you must take enforcement action, which has its own costs, timescales and uncertainties. A judgment against a defendant with no assets is worth very little in practice, so it is worth thinking about whether you can actually enforce before you issue the claim.

Can a default judgment be set aside?

Yes. Under CPR 13.3 the defendant can apply to set it aside. The court must set it aside if it was entered in breach of the procedural rules — for example where the claim was not properly served. Otherwise the court has discretion to set it aside where the defendant has a real prospect of defending or there is some other good reason, taking into account whether the defendant acted promptly. Set-aside applications are made on Form N244.

What are the common mistakes that undermine a default judgment?

Filing against the wrong legal entity (a sole trader, a limited company and a partnership are different — always check Companies House), serving at an incorrect address so service fails, getting the interest calculation wrong, assuming judgment equals money in the bank, and not considering enforcement at the filing stage. Naming the correct entity and serving at a company’s registered office help produce a judgment that is actually enforceable.

Related guides: Form N225 — Request for Judgment guide · Form N244 — Application Notice guide · All civil court forms