How to Set Aside a County Court Judgment

Complete guide to overturning a CCJ using Civil Procedure Rules Part 13. Learn the legal grounds, court process, N244 form procedure, and how to restore your credit record.

Quick Answer

You can apply to set aside (overturn) a County Court Judgment under CPR Part 13 if you didn't know about the claim (good reason for not defending), have a real prospect of defending the case, or the judgment was entered wrongly. File form N244 at the court that issued the CCJ with a court fee (£275 for claims over £200,000). The judge decides whether to reopen your case. If successful, the judgment is removed from your credit file and you get a fresh hearing. Setting aside stops interest accrual immediately.

How to Set Aside a CCJ

1

Establish Your Legal Ground

Identify why the judgment should be set aside: you didn't receive the claim (good reason for not defending), you have a real prospect of defence, or the judgment is technically wrong (entered without jurisdiction, signed in error). Document all evidence: proof of no service, correspondence showing defence, court procedural errors. This is your strongest negotiating position.

2

Complete Form N244 and Evidence

Obtain form N244 (Application Notice) from the court's website or moneyclaims.service.gov.uk. Complete the form stating your grounds for set-aside, court fee (£275), and attach a witness statement under oath explaining why judgment should be lifted. Draft concisely: keep to one strong reason rather than weak multiple arguments. Prepare your evidence bundle (documents supporting your defence).

3

File at Court and Serve Opposition

File the N244 application at the court that issued the judgment (contact details on the judgment order). Include court fee. Serve a copy on the claimant's solicitor or representative (or the creditor if unrepresented). The claimant can object; the judge reviews both arguments and decides. If granted, you proceed to trial or settlement negotiations. The judgment is immediately deleted from your credit file.

What the Law Says

Civil Procedure Rules Part 13 (Set Aside Judgment)
A judgment can be set aside if: (a) the defendant did not know about the claim and had a good reason for not defending, (b) the defendant has a real prospect of successfully defending the claim, or (c) the judgment was entered in error. Set-aside is a court discretion; judges consider all circumstances. CPR 13.3 sets the procedure and grounds.
CPR Part 12 - Default Judgment (What Can Be Set Aside)
Default judgments (entered when defendant doesn't respond) are most commonly set aside. The court examines whether proper service occurred. If the claim was served to a wrong address or not served at all, the judgment can be lifted. Alternatively, if you can show you had a real prospect of defence (e.g., debt disputed, paid, or contract invalid), the judgment is set aside.
Credit Reference Agency Regulations (CCJ Removal)
Once a CCJ is set aside, it must be removed from your credit file within 28 days. Credit agencies (Experian, Equifax, TransUnion) receive notification from the court. A removed CCJ no longer damages your credit score. If the judgment is later satisfied (you pay it off), it can remain on file for six years but is marked "satisfied," minimising damage.
Costs Orders (CPR 44)
The successful party (usually the claimant if they oppose set-aside) can claim costs. However, the court has discretion to order no costs if it finds the claimant was unreasonable. If the defendant obtains set-aside due to poor service or procedural breaches, costs may be waived. Budget for potential £500-£1,500 costs liability if you lose.

Common CCJ Set-Aside Grounds

Didn't Receive the Claim

You were never served with the court claim form, so you couldn't defend. Evidence: no court documents received, moved house without notifying court, proof of wrong address used. This is the strongest ground for set-aside; judges consistently grant it if service failed.

Real Prospect of Defence

You have a genuine defence to the debt (paid already, contract invalid, creditor wrong amount claimed). Provide evidence: bank statements, contract documents, communications. Court must see a "real prospect" of success at trial, not just hopes. Strong documentary evidence is key here.

Debt Paid Before Judgment

You paid the debt but creditor didn't update the court. Show payment proof (bank statement, receipt) dated before judgment. File set-aside citing the payment as your defence. The court will usually lift the judgment and order costs against the claimant for pursuing a paid claim.

Judgment Entered Wrongly

The court made an error: calculated interest incorrectly, included amounts you disputed, or signed judgment without proper authority. Procedural errors often lead to set-aside. Provide the court order and detailed explanation of the error with supporting documents.

Identity or Account Mix-up

Judgment is in your name but relates to a different person (common with household debt or joint accounts). If you can prove the account isn't yours, set-aside is automatic. Provide ID, proof the account was sole holder, or that you were never party to the contract.

Limitation Defect (Statute-Barred)

The debt is over 6 years old (unsecured) so the claim is statute-barred under the Limitation Act 1980. You can defend at trial on this ground. File set-aside with evidence the debt originated over 6 years ago, forcing the creditor to prove a more recent acknowledgment or part-payment.

Frequently Asked Questions

How much does it cost to set aside a CCJ? +
Court fee: £275 (for most CCJ values). This is non-recoverable if you lose. If you lose the application, you may also face the claimant's legal costs (£500-£2,000 depending on complexity). If you win, you can claim costs back. Total cost to set aside: typically £275, potentially £2,500+ if you lose and face cost order.
How long does the set-aside process take? +
Filing to decision: 8-16 weeks. Court schedules a hearing; you attend (or represent via telephone). Judge decides immediately or reserves. If granted, the CCJ is lifted within 2-3 weeks. If you need to go to trial after set-aside, that's a separate process (3-6 months). Urgent applications (set-aside within days) are rare but possible if you show hardship.
Can I set aside a CCJ that's already satisfied (paid off)? +
Yes, but it's less valuable. A satisfied CCJ marked as "paid" stays on your credit file for six years but has minimal impact on your score. Set-aside removes it entirely, which is better. However, if the CCJ is already marked satisfied, creditors may argue there's no point in setting it aside. The judge still has discretion; make your case clear.
What happens if the judge refuses to set aside the CCJ? +
The judgment stands. The CCJ remains on your credit file for six years from the judgment date. You can appeal the decision (permission needed), but appeal costs are higher (£200+ court fee, solicitor fees). If you can show the judge made a legal error or new evidence emerges, you can apply to appeal. Most refused set-asides don't succeed on appeal.
Do I need a solicitor to set aside a CCJ? +
No. You can file the N244 form yourself. Courts see many unrepresented litigants. If your grounds are clear and evidence strong (poor service, payment proof), you have a good chance. A solicitor (£150-£250/hour) helps if the case is complex or you need courtroom representation. For straightforward set-asides, DIY is viable.
When does the CCJ come off my credit file after set-aside? +
Within 28 days of the court's set-aside order. The court notifies the credit agencies (Experian, Equifax, TransUnion); they update within 1-2 weeks. You should see it removed from your credit file within a month. Check your credit report 4-6 weeks after the set-aside judgment to confirm removal.

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