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

In short: If you have received an enforcement notice in England & Wales — bailiffs, a charging order, an attachment of earnings, a third party debt order or a possession order — you can apply to set aside the judgment, ask the court for a stay of execution to pause enforcement, or use Form N245 to pay by affordable instalments. Most applications use Form N244 with a witness statement. eLitigant drafts your N244 application and supporting evidence, or checks a draft you have written, for a flat £30 a day.

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.

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 of Control) — An enforcement officer has been authorised to attend your property. You have seven clear days from the date of the notice to make payment or contact the court.
• 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 £296.

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. The court will consider whether you have a realistic proposal for satisfying the judgment, whether enforcement would cause disproportionate hardship, and whether you have made genuine efforts to engage with the process.

A stay can be granted on conditions — for example, the court may pause enforcement provided you make regular monthly payments.

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 £14. 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. County Court enforcement officers cannot force entry on a first visit. They may only enter through a door that is already open or if you invite them in.
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.
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.

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