Defending a claim

What is defending a claim?

This is where the you file a form called a defence. It is an answer to a claim made against you to indicate you want to contest the claim. The defence will contain statements as to why you disagree with the claim. It is a document to let the claimant know what your position is so that the matter can proceed with both parties knowing what the other intends to say about the issue.

I want to defend the claim - what do I do?

Complete form HC2B - Acknowledgment of Service (Word doc) (PDF) if you wish to extend the time for filing your defence.

If the claim is for a specified amount complete form HC2E – Defence & Counterclaim (specified) Form (Word doc) (PDF).

If the claim is for an unspecified amount complete form HC2F – Defence & Counterclaim Form (unspecified) (Word doc) (PDF).

Whichever form you complete, you must make sure that one copy is taken or sent to court (called 'filing') and the other copy is taken or sent to the claimant no later than 14 days from the date the particulars of claim were served on you. If you do not, the claimant can ask the court to enter a judgment. This means that you will be ordered by the court to pay the amount of the claim, or an amount decided by the court, and costs.

Why would I file an acknowledgment of service rather than a defence form?

Filing the acknowledgement of service allows you more time in which to seek advice and complete your defence. If you file an acknowledgment of service within 14 days of service of the particulars of claim, this extends the time for filing the defence to 28 days from the service of the particulars of claim.

What if my defence is that I have already paid the amount claimed?

You should still complete the defence form HC2E – Defence & Counterclaim Form (specified) (Word doc) (PDF) or HC2F – Defence & Counterclaim Form (unspecified) (Word doc) (PDF) and send or take one copy to the court. Again, you must take or send the other copy to the claimant at the address to which documents or payments should be sent at the end of the claim form.

The claimant must respond within 28 days of receiving the form from you stating whether:

it is agreed that the money has been paid and the matter will not be taken any further; or
it is not accepted that the money has been paid, that the claim should continue as a defended claim.

If you paid the money after the date of issue (shown on the claim form), the claimant may still claim for the court fee and any advocate’s costs shown on the claim form. You should send the money direct to the claimant.

The claimant owes me money - what can I do?

If you are owed money by the claimant and want to claim this (called making a counterclaim), you can do so by using the defence form HC2E – Defence Form & Counterclaim (specified) (Word doc) (PDF) or HC2F – Defence & Counterclaim Form (unspecified) (Word doc) (PDF). Complete the appropriate section of the form, then send or take one copy to the court and send or take the other copy to the claimant.

To start your counterclaim, you will have to pay a fee. Court Office staff can tell you how much you have to pay. Alternatively, you can view the current Fees Order here. You can make a counterclaim against the claimant(s) without the Courts permission if it is filed with the defence. To make a counterclaim at any other time, the Court’s permission will be required.

I do owe some money, but not as much as the amount claimed.

You can admit part of the claim if you agree that you do owe some money, but less than the amount claimed. Complete forms HC2C – Admission Form (specified) (Word doc) (PDF) and HC2E – Defence & Counterclaim Form (specified) (Word doc) (PDF) stating how much you do owe and why you consider that you do not owe any more than that. Send or take one copy to the court and send or take the other copy to the claimant within 14 days of service of the claimant’s particulars of claim and 28 days if you have filled in an acknowledgment of service.

pay the amount that you agree you owe the claimant immediately; or
ask for time to pay by either instalments of at some future date.

The claimant must reply to you and the court within 14 days of receiving your part admission stating whether it is:

accepted in full and final settlement of the claim; or
not accepted and the claim should continue as defended.

If the claim is for an unspecified amount use form HC2F – Defence & Counterclaim Form (unspecified) (Word doc) (PDF) if you want to defend the claim or make a counterclaim.

Will I need to go to court?

If you defend the claim, or if you and the claimant cannot agree about paying instalments, you may have to go to court. Refer to the section I am coming to a court hearing, what do I need to know?

What happens if I do not pay?

If the court sends you an order to pay, but you do not, the claimant can ask the court to take steps to make you pay. This is called enforcing the judgment.

Should I see an advocate?

In straight forward cases, the small claims procedure provides a simple and informal way of resolving disputes. You should be able to defend your claim without the need for an advocate.

In more complex cases you will need to have some understanding of the legal basis of the claim, your defence and court procedures. You may, for example, need to provide experts' reports and organise statements from witnesses. In any case it may save you a lot of money, time and effort if you gain some legal advice when you receive the claim.

Remember, court staff are not able to provide you with advice.

Courts of Justice