Can I get a County Court Judgment set aside?

Applying to set aside (cancel) a County Court Judgment is governed by Civil Procedure Rules Part 13. There are two bases on which a CCJ can be set aside:

Mandatory set aside: the court must set aside the judgment if it was entered irregularly — for example, if judgment was entered before the time for filing a defence had expired, or if the debt had already been paid. There is no discretion in these cases.

Discretionary set aside: the court may set aside the judgment if: (1) you have a real prospect of successfully defending the claim; or (2) there is some other good reason why the judgment should be set aside or why you should be allowed to defend the claim. Common reasons include: the claim form was sent to an old address and you had no knowledge of the claim; you were never properly served; you have a genuine defence (such as limitation, or that the debt is not owed); or you have a counterclaim.

Even if the time limit of 30 days to apply for set aside as of right has passed, you can still apply. The later you apply, the more difficult it becomes, and you will need a stronger explanation for the delay.

The application is made using Form N244 (Application Notice), with a witness statement explaining the grounds and a draft defence if you have one. There is a court fee (check the current fee schedule — it varies). A judge will consider the papers or list a hearing.

If the CCJ is set aside, the debt claim is restored as a live dispute and you can defend it properly. This may result in the CCJ being removed from the register, protecting your credit file.