Stay a writ of control and set aside the judgment

If you can show that:

• you did not know about the judgment (for example, you changed address), and;

• you have a reasonable prospect of success at defending the original claim; and;

• If the judgment is more than 21 days ago,  you can explain why the application is late.

The Court may put a temporary stop on the enforcement while you apply to re-list the claim for a new hearing.

Download and complete a form N244 "application notice", and depending on how complex the case is, you may want to make a witness statement.

The court fee for an N244 without notice is £100. If you are on a low income, claim court fee remission online and put the application reference number on your form N244.

To Transfer back to the County Court for Set Aside Application

If your judgment was obtained in the County Court and moved to the High Court for Enforcement, you can file an N244 application to Suspend the WRIT and transfer the matter back to the County Court for a set aside hearing.  

On N244 form:

3. Application for Stay of Execution and Set Aside Judgment. 

Box on page 2.

1. Defendant requests case is transferred to (his/her nearest county court). 

To suspend a WRIT and transfer back to County Court for instalments 

In box on page 2 on n244 form. write: 

1. I request case is transferred to (your nearest court). 

2. I request Stay of Execution on basis of application to pay by instalments on attached N245 form.

3. HCEO has refused reasonable and affordable instalments putting me in financial hardship.