How Long Do You Have to Defend a Court Claim, and What’s the Process?
Failure to respond to a legal claim can result in judgment being entered against you automatically, defaulting to acting within the court timescales. This, in turn, can lead to the Judgment being secured against your assets, and ultimately, a Claimant/Creditor can force the sale of those assets.
Failing to understand and act by the relevant deadlines can lead to incredibly severe consequences. In this context, it’s crucial to understand what you need to do and when to protect and improve your position. You must follow specific procedural rules to ensure your response is completed and filed correctly.
When defending a claimant’s dispute, it’s vital that your position is correctly received and heard by the court. Otherwise, you risk a judge deciding the case without considering your evidence, which could lead to a potentially unfair outcome.
If you have received a claim, you have a limited period to consider the content and respond appropriately. If you fail to do so, you might be at risk of a Judgment being entered against you. This article explains how and when to respond to a claim, the relevant procedural rules, and how you might consider using Alternative Dispute Resolution, such as mediation, to resolve your dispute.
For advice on your particular situation, contact our specialist litigation team at Helix Law. Our specialist commercial, property, and construction litigation solicitors act in disputes nationally, with tens of thousands to tens of millions in disputes.
Responding to a County Court Claim
As soon as you receive notice of a claim that someone filed against you, taking action quickly is essential. The first thing you should do is consider whether you need specialist legal advice. Commencing litigation is a serious step and usually carries the risk of costs being ordered against you, and if you do not pay sums ordered by the court, you may be insolvent or your assets may be sold even without your consent.
Disputes can escalate quickly; getting legal advice early can be essential to prevent that and protect your position. It is often a misconception that a judge will actively present or investigate your case. In reality, a judge merely considers the legal and factual case and evidence that the parties provide; it is up to you to protect and improve your position and to put yourself in the best possible position to win.
Review the contents of the documents to establish what the claimant is asking for. Before launching into any forms, steps, or process, you should carefully consider your position and the opponents’ position and how best to move forward in the overall context, as it can be incredibly nuanced. For example, if you are the Defendant, the Claimant may lack evidence supporting their claim. They have to prove it on the balance of probability.
You can decide whether you agree or reject all or part of the claim against you. You should also consider if you have your own claim against the same person or company.
If you accept it and do not have any issue with the claimant’s behaviour, you might consider completing an admission form with your financial details and your offer to pay the amount claimed. Even this step carries serious consequences, as this will result in a judgment being made against you for the amount you admit.
That may leave any assets you own vulnerable to enforcement steps being taken against you. It might be better to run arguments in reply to the claim to avoid this while simultaneously trying to negotiate a resolution and settlement by agreement.
If you wish to defend part or all of the claim, the next step is to consider the following re are two potential documents which you will need to consider to file:
- an acknowledgement of service; and
- a defence form.
Getting this right is critically important. typically, we are instructed at this stage to avoid the risk of a technical mistake or issue arising.
Below, we explain these documents and when to file them in more detail. Care needs to be taken before taking any positive steps—for example, you should consider whether the claim was issued correctly and/or whether there is an ‘easy win’ or a technical defence. It might impact the next steps you take.
Defending a Claim or Admitting Liability
Admitting Liability
If you admit the claim, you should consider completing Form N9A if the claim is for a specified amount and Form N9C if it is unspecified or a non-money case. Each form requires you to provide the following information:
- Your details
- Details of dependants
- Employment details
- Bank accounts and savings
- Whether you own or rent your residence
- Income
- Expenses
- Debts
- Outstanding court orders
For Form N9A, you must also confirm when you agree to pay the relevant sum and whether you need to pay in instalments.
The claimant will then respond to the admissions form stating whether they agree with the payment proposal. They will refer the case back to a judge for a decision if they do not.
The above involves quite significant information and details you might not want to share—care needs to be taken over whether that’s necessary or appropriate.
Defending a Claim
If you dispute what is said or you have a counterclaim, the content of your defence is critically important. The court tries to encourage the use of forms such as N9B to defend a specified money claim and Form N9D if it is a claim for an unspecified sum.
Form N9B requires you to confirm how much of the alleged debt you dispute and whether you’re defending it on the basis that you already paid.
In reality, if the claim you are defending involves tens of thousands in dispute, or more, it will not be appropriate to use these forms. Rather, a fully drafted and detailed defence and counterclaim should be prepared, detailing your defence and any counterclaim.
It’s important because there are requirements that a Defence must admit, deny (with reasons) or require a Claimant to prove each paragraph of the Claim. Setting your case out in detail takes time and requires space- the above forms are inadequate for this and, in practice, are rarely used.
Your Defence and Counterclaim set out the only details of your defence the court will consider — it’s therefore crucially important that the content is accurate.
Whatever approach is taken, you must explain your reasons for disputing the claimant’s position. The relevant documents and evidence you refer to need to be carefully considered, and care needs to be taken.
You are attempting to convince the court of your position and need to consider what evidence you have in support of what you’re saying. Evidence is only exchanged later during a disclosure phase, but this needs to be considered before a Defence is drafted.
Any Defendant also has the option to make a counterclaim. A counterclaim can operate to set off a sum against the amount claimed against you. For example, it may be that you owe the Claimant money for X reason (set out in the claim) but that they also owe you money for Y reason. That needs to be set out in your counterclaim if you wish to defend it on the basis of operating a set-off.
Filing the Acknowledgement of Service and Defence Forms
Upon receipt of a claim, the general rule is you must file an acknowledgement of service and your defence with the court within 14 days. However, if you need additional time to prepare your defence, you can extend this deadline by 14 days by only filing the acknowledgement of service. Therefore, you would have a maximum of 28 days to submit your defence if you file an acknowledgement.
The relevant form is N9. It consists of basic details and your confirmation of whether you intend to defend all or part of the claim, and you must file this within 14 days.
Parties can also agree to extend the above deadlines by a maximum of 28 days, but the defendant must notify the court of this agreement in writing.
Mediation and Alternative Dispute Resolution
There is now a heavy emphasis on all parties only referring disputes to court as a last resort, and the use of forms of Alternative Dispute Resolution is therefore encouraged. In the simplest form, this includes the parties (or their solicitors) speaking on an off-the-record or ‘without prejudice’ basis.
Mediation is a more complex form of ADR. Any Claimant must also follow the relevant “Pre-Action Protocol” before issuing court proceedings. Different protocols apply in different situations, but all share similar characteristics, such as initially sending a detailed letter of claim, enclosing core relevant documents, allowing time for a response, considering a meeting or further exchange, and only then issuing a claim.
Correspondence should include information such as the claim’s value, the legal and factual basis for their claim, what is in dispute and what remedy is being claimed, all with a view to trying to resolve matters without needing to go to court.
As a potential defendant, you must also act in accordance with any relevant Pre-Action Protocol, respond to this letter promptly, and confirm which elements of their claim you reject. These letters encourage parties to negotiate and settle the dispute without legal proceedings, which are often lengthy and expensive.
Mediation can be an effective way to resolve disputes; however, especially in larger commercial disputes, care needs to be taken to ensure the opportunity is not wasted and that you are positioned on the front foot in advance.
This form of “alternative dispute resolution” (ADR) involves a neutral third party (the mediator) hearing each party’s position and using their expertise to help them reach an agreement. It can be incredibly effective and help save time and costs, but the above thought needs to be taken regarding when to propose mediation to ensure maximum effect.
In more substantive disputes (five, six, seven, or eight figures in dispute), it is usually only appropriate to consider mediation when the party’s collective positions are precise and when the available evidence for or against either party is clear. In this way, the risks to each party are more apparent, and it is easier to price these in settlement negotiations, including mediation.
Mediating too early may not be possible- leading only to parties becoming entrenched in different positions. Mediating too late and the need/desire to recover legal costs might become a barrier to settlement. It is, therefore, nuanced, and we always consider it with clients immediately when instructed.
What Happens if You Miss Deadlines or Fail to Respond
If you fail to file either an acknowledgement of service or defence within the specified timeframes, the claimant can apply for a “default judgment”. This means that the court can decide the case without hearing your position because you failed to respond within the required time frame.
Usually, this happens immediately and automatically without a court hearing. As a defendant, this is disastrous if you dispute the claim and/or if you have assets. Care needs to be taken to avoid this.
There may also be cost consequences for a defendant who misses a court deadline or fails to respond to documents addressed to them. For example, if the claimant incurs costs chasing a reply or an acknowledgement from a defendant, the court may order the defendant to reimburse them for those costs. These are known as sanctions.
It can be possible to set aside a default judgment and apply for relief from sanctions, but these applications involve several factors and tests that we won’t consider here. The most crucial aspect to remember is the need to apply quickly if you have missed a date and a sanction has been ordered against you.
Speed is essential, as is the quality of your application. Our specialist litigation teams can assist you if you are in this position.
If you have received a claim form, the best advice is to obtain legal advice from litigation specialists immediately so that you are clear where you stand. If you do nothing, steps will likely continue against you.
Your active engagement is not required, and you might be inadvertently helping the Claimant in many ways. It might be possible to Defend or pursue a Counterclaim and, in these ways, improve your position.
Frequently Asked Questions
What Happens When You Defend a County Court Claim?
When you defend a claim, it will proceed to trial. Initially, the court will send out allocation and directions questionnaires asking for details such as the number of witnesses and estimated length of trial. The court will then usually list a hearing so that a timetable for trial can be set down. At the outset, you must review the relevant documents to decide if you want to (or can) defend all or part of them and consider whether you have a counterclaim.
Consider obtaining specialist advice before taking any steps in this context, including before filing an acknowledgement of service if you have only just received the claim. If you have left this too late within the initial 14-day initial window, file the acknowledgement of service first and then seek advice.
If you need longer, seek an agreement to extend the deadline for the defence by 28 days. This will give you and us sufficient time to review your situation, get organised, and get plans in motion to deal with this dispute as effectively as possible.
Final Thoughts
Defending a county court claim requires prompt action and compliance with strict deadlines. Whether admitting liability or disputing the claim, you must present your case in the best possible way to avoid potentially severe consequences such as Judgment being entered against you and, ultimately, assets being sold in a forced sale.
Generally, you have 14 days to acknowledge service and then a further 14 days to file and serve your defence. Your defence must be clear and comprehensive, comply with the civil procedure rules, and be supported by evidence. This document forms the foundation of your case — if good arguments aren’t included or are missed, there are usually cost consequences if you later need to amend.
Failure to meet the deadlines or adequately respond can result in a default judgment, meaning the court may rule in favour of the claimant without considering your position. Mediation, as a form of ADR, also provides an opportunity to resolve the issue outside of court, potentially saving time and legal expenses.
However, care is needed to consider the timing of this, and you shouldn’t (must not) delay filing your acknowledgement, defence, and counterclaim; ADR or mediation negotiations can continue simultaneously—they don’t stop the clock.
Defending legal proceedings is incredibly important and can be complex and confusing, so seeking legal advice is essential to ensure your response is filed correctly and on time and ultimately to ensure you’re best placed to maximise your position overall.
For further guidance and expert support, contact our specialist commercial, property and construction teams at Helix Law today. We act in disputes across the country and would love to assist you.
