Received an Enforcement Notice? How to Apply for a Set Aside or Stay of Execution in 2026

Received an Enforcement Notice? How to Apply for a Set Aside or Stay of Execution in 2026

Opening a letter from the court can be a stressful experience. If you have received an enforcement notice — whether it concerns bailiffs, a possession order, or a freezing of your bank account — it is natural to feel overwhelmed. The good news is that the civil justice system provides clear, well-established procedures for people in this situation. The court recognises that circumstances change, that people sometimes miss deadlines through no fault of their own, and that enforcement should be proportionate. There are proper legal channels available to you. This guide explains the main options: setting aside a judgment, applying for a stay of execution, and varying payment terms. All of these are standard court procedures that litigants in person use every day.

Why this mattersIt helps to know how many people are in your position. Of around 1.2 million county court judgments in England & Wales in 2025, 93% were default judgments — entered because no valid response reached the court in time, not after a contested hearing (Ministry of Justice, Civil Justice Statistics, 2025). A great deal of enforcement therefore follows a judgment the debtor never actually contested. That is why the set-aside and stay procedures below exist — they give you a proper route to have the matter looked at on its merits, and using them correctly is well within reach.

First: Understand What You Have Received

Before taking any action, read the notice carefully and identify exactly what type of enforcement is being pursued:

• Notice of Enforcement (Warrant or Writ of Control) — An enforcement agent has been authorised to take control of your goods. The notice must be given at least 14 clear days before the agent takes control of goods, or at least 28 clear days if a debt advice provider asks on your behalf before the notice period ends (Taking Control of Goods Regulations 2013, reg 6, as amended from 1 May 2026; the 28-day extension does not apply to non-eligible business debt). Sundays, bank holidays, Good Friday and Christmas Day do not count.
• Third Party Debt Order (Interim) — Your bank has been directed to hold funds. There will be a hearing date where you can make representations to the court.
• Attachment of Earnings Order — Your employer has been directed to make deductions from your wages.
• Charging Order — A charge has been registered against your property, securing the debt.
• Possession Order — You have been ordered to give up possession of a property by a specific date.

Each has its own timeline and process. Understanding what you are dealing with is the essential first step.

Option 1: Applying to Set Aside a Default Judgment

If a judgment was entered against you without you having the opportunity to present your case — most commonly a default judgment, where the deadline for filing a defence passed before you responded — you may apply to have it set aside under Part 13 of the Civil Procedure Rules.

Automatic Right to Set Aside (CPR 13.2)

The court must set aside a default judgment if:

• Judgment was entered before the deadline for filing your defence had actually passed
• You had already filed an acknowledgment of service or a defence before judgment was entered
• You had already paid the full amount claimed before judgment was entered

If any of these apply, file Form N244 (Application Notice) stating you are applying under CPR 13.2 with supporting evidence.

Discretionary Set Aside (CPR 13.3)

Where an automatic right does not apply, the court has discretion to set aside the judgment. The court will consider:

1. Whether you have a real prospect of successfully defending the claim — This does not mean you need to prove you will win. The threshold is a realistic, as opposed to fanciful, prospect of success.
2. Whether there is a good reason for not having responded on time — Common examples include illness, not receiving the claim form, being abroad, or genuine confusion about the process.
3. Whether you acted promptly once you became aware of the judgment.

How to Apply

Complete Form N244. In the section for the order you are seeking, you might write: “That the default judgment entered on [date] be set aside pursuant to CPR 13.3, and that the Defendant be permitted to file a Defence within 14 days.” Attach a witness statement explaining the circumstances and exhibit any supporting documents. The court fee is £321 on notice, or £126 by consent, under the EX50 schedule in force from 13 July 2026. Our guide to setting aside a default judgment with Form N244 walks through the grounds, the evidence and a worked example.

Option 2: Applying for a Stay of Execution

A stay of execution does not cancel the judgment — it pauses enforcement. This gives you time to arrange payment, negotiate with the other party, or pursue an appeal.

Common Situations

• You need time to arrange funds to satisfy the judgment
• Your financial circumstances have changed significantly since the judgment was made
• You are appealing the judgment and wish enforcement to be paused in the meantime
• Enforcement would cause disproportionate hardship to you or your family

How to Apply

Use Form N244. Under CPR 83.7(4) the court may stay execution if there are special circumstances which make it inexpedient to enforce the judgment, or if you are unable from any reason to pay. The grounds go in the application notice and must be supported by a witness statement (83.7(6)). The fee to suspend enforcement or stay a High Court writ is £16 under the EX50 schedule in force from 13 July 2026. A stay can be granted on conditions — for example, the court may pause enforcement provided you make regular monthly payments.

How to get a High Court writ of control stayed or set aside

In short: a writ of control is how a money judgment is enforced in the High Court, by a High Court enforcement officer. To pause it, you apply on Form N244 for a stay of execution under CPR 83.7, supported by a witness statement. The fee is £16 under the EX50 schedule in force from 13 July 2026. If you say the judgment itself should not stand, that is a separate application to set the judgment aside (Option 1).

How a county court judgment ends up with a High Court writ. A creditor can ask for a certificate of judgment so that the judgment can be enforced in the High Court. Granting it transfers the proceedings to the High Court, and the County Court must give the debtor notice of the transfer (CPR 83.19(1)–(3)). If an application to set aside or vary the judgment, to change the rate of payment, or for a stay is already pending, the creditor’s request is not dealt with until that application is decided (83.19(4)).

What CPR 83.7 says about a stay:

• You may apply at the time the judgment is given “or at any time thereafter” (83.7(1)), even if you never acknowledged the claim or took part in the proceedings (83.7(5)(b)).
• The application is made under Part 23. Its grounds must be set out in the application notice and supported by a witness statement (83.7(5)(a) and (6)).
• If the ground is that you cannot pay, the witness statement must disclose your means (83.7(3)).
• The court may stay execution if there are special circumstances which make it inexpedient to enforce, or if you are unable from any reason to pay, either absolutely or for a period and on conditions (83.7(4)).
• For a writ of control, the power to stay is exercised by a Master or District Judge (83.7(2)).

Separately, CPR 40.8A lets a party apply for a stay of execution on the ground of matters that have happened since the judgment was given.

Getting the writ set aside. The writ enforces the judgment, so where the complaint is about the judgment itself, the application is to set the judgment aside: for a default judgment under CPR 13.2 or 13.3, or under CPR 39.3 where judgment was given at a hearing you did not attend. Setting the judgment aside and staying the writ are different orders. If you are asking for both, box 3 of the N244, which asks what order you want the court to make and why, is where each is named. Your evidence goes in a witness statement, and a draft order shows the judge the wording you are asking for.

A worked example (invented)

The names, dates and figures below are invented to show the shape of an application. They are not a real case, and what you ask for depends on your own facts.

The facts. Alex Sample has a county court judgment for £3,180 in favour of Sample Finance Ltd, entered in default in May 2026. In September a notice of enforcement arrives from a High Court enforcement officer: the judgment has been transferred to the High Court and a writ of control issued. Alex accepts the debt but was made redundant in August and can offer £60 a month.

Box 3 might read:

The Defendant applies for an order under CPR 83.7(4)(b) that execution of the writ of control issued on 2 September 2026 be stayed, on condition that the Defendant pays the judgment debt at £60 per month from 1 November 2026, because the Defendant is unable to pay the judgment sum in one payment.

Box 10 might read (the witness statement gives the means that CPR 83.7(3) requires):

1. I was made redundant on 15 August 2026. My monthly income is now £1,140.
2. My essential monthly outgoings are £1,050: rent £620, council tax £110, gas and electricity £140 and food £180. A full statement of my income and outgoings is exhibited as AS1.
3. I can pay £60 a month towards the judgment debt from 1 November 2026.

Plain facts the court can check, and the order asked for in one sentence. Whether to grant it, and on what terms, is for the judge.

Option 3: Varying Payment Terms with Form N245

If you accept the judgment but cannot pay the full amount at once, Form N245 allows you to apply to pay by instalments. This is often the most practical solution. The form asks you to set out your financial position — income, essential expenditure, debts, and dependants — and propose a monthly payment you can realistically afford. If the other party agrees, the variation can be processed without a hearing. The court fee for Form N245 is just £16. Once a payment plan is in place and you are keeping up with payments, enforcement cannot continue.

If Enforcement Officers Attend Your Property

If bailiffs or enforcement officers visit your property, it helps to know the basic rules:

1. You usually do not have to open your door or let a bailiff in. GOV.UK says bailiffs cannot enter your home by force (for example by pushing past you), between 9pm and 6am, if only children under 16 or vulnerable people are present, or through anything except the door.
2. They must carry written identification and authorisation. You are entitled to ask to see this.
3. Certain essential items cannot be taken — including clothing, bedding, basic household furniture, and tools of your trade up to £1,350 in value (Taking Control of Goods Regulations 2013, reg 4).
4. You can still apply to the court for a stay — contact the court that issued the warrant as a matter of urgency.

Protecting Your Home

If you are facing a possession order — whether from a landlord, mortgage lender, or a creditor who has obtained a charging order — the situation is understandably distressing. The court takes possession cases seriously and has specific powers to suspend or delay possession where appropriate. If a possession order was made at a hearing you did not attend, you may apply under CPR 39.3 to have the order set aside. The court will consider whether you had good reason for not attending, whether you acted promptly, and whether you have a reasonable case. Even after a possession order is made, you can apply to suspend the warrant of possession if you can demonstrate you are able to pay current obligations plus a reasonable contribution towards any arrears.

Time Limits: Act Promptly

In all of these situations, promptness matters. The courts look favourably on people who engage with the process quickly and honestly. Delays without good reason can weaken your position.

• Warrant or writ of control: the notice of enforcement must give you at least 14 clear days before goods are taken into control (TCG Regulations 2013, reg 6(1)).
• Possession order: Apply before the date specified for giving up possession.
• Third party debt order: Respond before the final hearing date on the interim order.
• Default judgment: Apply as soon as you become aware of it.

  Key Points to Remember

  • Receiving an enforcement notice does not mean your options are exhausted. The court provides established procedures for every situation described above.
  • Set aside is available when a judgment was entered without you having the chance to present your case.
  • Stay of execution pauses enforcement to give you time to pay or appeal.
  • Form N245 lets you propose affordable monthly payments.
  • Act promptly and engage honestly with the court. The system works best when both parties participate in good faith.
  • These applications can be made without a solicitor. The forms are available from HMCTS, and court staff can confirm procedural requirements.
  Need help understanding your options? Talk to Chris — Chris can help you work through your situation and prepare the right application.

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  Related Court Forms & Guides

  • Form N245: Application to Vary a CCJ Payment
  • Setting Aside a Statutory Demand
  • Form N244: Application Notice
  • Form N227: Request for Default Judgment — Amount to Be Decided by the Court
  • Form N337: Attachment of Earnings Order
  • Form N349: Third Party Debt Order
  • Civil Court Forms Index

  Frequently asked questions

  What is the difference between a set aside and a stay of execution?

  A set aside cancels the judgment entirely, as if it had never been made — used most often where a default judgment was entered without you having the chance to present your case. A stay of execution keeps the judgment in place but pauses enforcement, usually to give you time to pay or to have another application heard. You may apply for either or both depending on your circumstances.

  Which form do I use to respond to an enforcement notice?

  Most of these applications are made on Form N244 (Application Notice) — whether you are applying to set aside a default judgment, for a stay of execution, or to set aside a possession order made in your absence. If you accept the judgment but cannot pay in one sum, Form N245 lets you propose payment by instalments. eLitigant can draft the right form for your situation.

  Will applying to set aside stop the bailiffs automatically?

  Not on its own. Filing an N244 to set aside does not stop enforcement by itself. A stay of execution is a separate order (CPR 83.7), and you can ask for it at the same time, asking the court to suspend enforcement until your set aside application is decided. In urgent cases you can apply without notice to the other party.

  Can I get a judgment set aside if I never received the claim?

  If a default judgment was entered against you and you were not aware of the proceedings — for example, the claim form went to an old address — you can apply on Form N244 to set it aside. The court must set it aside if it was wrongly entered (CPR 13.2), and otherwise may do so if you have a real prospect of successfully defending the claim or there is some other good reason (CPR 13.3); it must also consider whether you applied promptly.

  What if I accept the judgment but simply cannot pay it all at once?

  Form N245 lets you apply to pay by instalments. You set out your income, essential expenditure, debts and dependants, then propose a monthly payment you can realistically afford. If the other party agrees, the variation can be processed without a hearing, and while you keep up the payments enforcement cannot continue.

  How quickly should I act?

  Promptness matters in every one of these situations. A warrant of control typically gives you a short, fixed number of clear days from the notice; a possession order must be challenged before the date set for giving up the property; and a default judgment should be challenged as soon as you become aware of it. Courts look favourably on people who engage quickly and honestly. Always check the current figures and deadlines for your situation.

  How much notice must bailiffs give before taking control of goods?

  At least 14 clear days’ notice of enforcement, under regulation 6(1) of the Taking Control of Goods Regulations 2013 as amended from 1 May 2026. If a debt advice provider asks on your behalf before the notice period ends, it becomes at least 28 clear days (regulation 6(1A)), except for non-eligible business debt. Sundays, bank holidays, Good Friday and Christmas Day do not count.

  What is the court fee to stay a High Court writ of control?

  Under the EX50 schedule in force from 13 July 2026, an application to vary a judgment or order, suspend enforcement or stay a High Court writ is £16. An application to set the judgment aside is £321 on notice, or £126 by consent or without notice. Help with Fees (apply online) can reduce or remove a court fee.

  Which is the right form, N244 or N245?

  GOV.UK describes Form N245 as the form to change the amount you pay under a court order or to suspend a warrant issued by a court. Form N244 is the general application notice, used to set aside or vary a judgment or suspend an enforcement process, including an application for a stay of execution under CPR 83.7.

  Does this apply to Council Tax, parking or magistrates’ court bailiffs?

  Not directly. The forms on this page are for county court and High Court judgments. GOV.UK notes that bailiffs also collect Council Tax, parking fines and court fines, but those debts are challenged through different routes. Citizens Advice’s bailiff guides are free and cover them.

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