Stage 1

1. Can ask for time to pay
   1. Claimant
      1. Accept - gets default judgment
      2. Object - court officer will then determine time and rate of payment
         1. If either party object they can apply for hearing

1. C may reply

1. C must repond

1. unless part 8 - no default
2. or delivery of good subject to consumer credit act
3. or certain specialised claims such as admiralty, arbitration, possession or contentious probate
4. need a hearing for : a child, judgment for costs only or certain claims served outside england and wales
5. D judgment can be set aside
   1. MUST
      1. where applied for before the period up
      2. where the claim had been satisfied before J entered
      3. acknowledgment / defence had actually been served
      4. D had filed an admission requesting time to pay
   2. MAY
      1. real prospect of sucessfully defending the claim
      2. some other reason why the D should be allowed to defend
      3. acted promptly

Annotations:

• apply by application notice Form N244 Supported by written evidence Draft order Fee
• Must be served at least 14 day before the hearing. Claimant must respond at least 7 days before hearing. If the D wishes to respond again, must do so at least 3 days before the hearing

1. No real prospect of successfully defending / no real prospect of succeeding on the claim
2. No other compelling reason
3. Outcomes
   1. case struck out / claim dismissed
   2. judgment on the claim
   3. conditional order - pay money into court
   4. Dismissal of the application