Doing nothing is the one response the Rules make no allowance for. This is what follows.
Step one — judgment without a trial
Where a defendant is in default of giving a notice of intention to defend, or has given one but is in default of filing a defence, the plaintiff may apply for default judgment.
The Court does not consider whether the claim is good. It considers whether the defendant was properly served and has not responded within the time limited by Order 4 Rule 11.
- A liquidated demand — judgment for the amount claimed, plus interest and costs.
- Unliquidated damages — judgment on liability, with damages assessed later. See assessment of damages.
- Detention of goods, possession of land, or other relief — according to the claim endorsed on the writ.
Note the practical point: on default, the allegations in the statement of claim are not tested. A defence that would have succeeded is simply never heard.
Step two — the judgment is enforced
| Method | What it reaches |
|---|---|
| Levy of property | Your goods and chattels, seized and sold by the Sheriff |
| Garnishee | Money owed to you — bank accounts, debts owed by others |
| Attachment of earnings | Your salary or wages, at source |
| Charging order | Securities and interests you hold |
| Possession of land | Where the judgment is for possession |
| Examination | You are summoned to Court to disclose your assets on oath |
An unsatisfied judgment may found insolvency proceedings under the Insolvency Act (Chapter 253) against an individual, or winding-up proceedings under the Companies Act 1997 against a company.
Interest continues to run, and the costs of every enforcement step are added to what you owe.
The common misconceptions
“The claim is nonsense.” Then say so in a defence. The Court cannot know a claim is bad if nobody tells it.
“I cannot afford a lawyer.” An individual may appear in person. Filing a Form 15 notice costs far less than a judgment. (A company is different — Order 7 Rule 1(3) requires a solicitor.)
“They served me at the wrong address.” That is an argument to make, under Order 7 Rules 7 and 8, within 14 days of giving notice. Silence is not how you raise it.
“The Court has no jurisdiction.” Same answer. And Rule 7(1) confirms that giving a notice of intention to defend does not constitute a submission to the jurisdiction, so filing costs you nothing.
“I have no money anyway.” A judgment lasts for years, attracts interest, and can be enforced whenever your circumstances improve.
If judgment has already been entered
The Court may set aside or vary a judgment entered in default. The application is made by notice of motion supported by affidavit.
- Why the judgment was allowed to go by default — a real explanation, deposed to on oath.
- That there is a defence on the merits — not asserted, but set out, with the facts. This is the part applications most often fail on.
- That the application was made promptly — delay after learning of the judgment tells heavily against you.
The Court will usually impose terms, commonly that the defendant pay the plaintiff’s costs thrown away. See setting aside a default judgment.
Where the judgment was entered before the time for responding had expired, or where the defendant was never properly served, the judgment is irregular. That is a stronger position than asking for an indulgence — and Order 1 Rule 8 permits the Court to set aside a proceeding, or any step or document, for irregularity.
The correct response to a writ
- Note the date you were served and the time limited on the face of the document.
- Read the claim. Identify what is alleged and what relief is sought.
- Take advice within days, not weeks — the jurisdiction and service window under Order 7 Rule 7(2) is only 14 days after notice.
- File a notice of intention to defend in Form 15, with a genuine address for service. Rule 4(2) allows the plaintiff to proceed as if no notice were given where an address is not genuine.
- File your defence within the time Order 8 allows — the notice alone does not protect you, as Order 7 Rule 9 makes clear.
- If you need more time, ask the other side first, then the Court under Order 1 Rule 15.
Not every dispute needs to be fought. The Court considers, at the listings mention, whether the parties have attempted out-of-court settlement, and the Alternative Dispute Resolution Rules 2022 allow proceedings to be referred to mediation. Engaging with the claim opens those doors; ignoring it closes them.
How quickly it happens
| Stage | Timing |
|---|---|
| Writ served on you | Day 0 |
| Time for the notice of intention to defend expires | Not less than 30 days — check the figure limited on the writ, O 4 r 11 |
| Plaintiff may apply for default judgment | Immediately afterwards |
| Where you filed a notice but no defence | 14 further days — O 8 r 4 |
| Judgment entered; enforcement available | Order 13 |
A defendant who does nothing for two months after service may find judgment already entered and a writ of levy of property issued. Nothing further is required of the plaintiff beyond proving service and the default.
That is why the affidavit of service matters so much to both sides — see proving service. If you say you were never served, that affidavit is what you must displace.
Sources
- National Court Rules 1983 — O 1 rr 8, 15; O 4 r 11; O 6 r 18; O 7 rr 1, 4, 7–9; O 8 r 4; O 12 Div 3, r 8; O 13
- Alternative Dispute Resolution Rules 2022
- Insolvency Act (Chapter 253); Companies Act 1997
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.