You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do

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Once you receive a Court Summons N1

 

As a defendant in a small claims case it is important that you act quickly and do not ignore the claim form when it arrives. Remember, the claim will proceed anyway even if you don’t respond. If the claim goes against you, it will be very difficult to make a counter claim as you didn’t respond to the initial small claim.

 

You may be unaware that you are the defendant in a small claims case that a Creditor has bought against you. When the small claims form arrives follow these initial steps:

 

1: Read the Form Carefully

 

The detail about the claim that is being bought against you will be in the ‘particulars of claim’ section. If this section isn't completed, or has the words ‘particulars of claim to follow’ take no action now and wait until you are sent details of the claim against you. You may want to consult a lawyer at this stage.

 

2: Respond in Time

 

It’s vitally important that you respond to the claim for you have been sent. Remember that there is a 19 day (5 +14) time limit on this to acknowledge the claim.You must submit before the 19 days are up, so post your response with plenty of time.If your intention is to defend the claim in full you get a further 14 days to submit your response ...so 33 days in total.

 

3: Talk to the Claimant

 

Just because a small claim has been bought against you and a claim form issued, this doesn’t mean you are not allowed to contact the claimant directly. In fact the court encourages you to try and settle the claim without the need for a court appearance. So, try and resolve your dispute directly with the claimant if you can.

 

Not Responding to a Small Claim

 

If you ignore the small claims form when it arrives this can have an adverse impact on your financial status. The court will continue with the small claims lawsuit that is being bought against you even in your absence as this is a legal requirement. When the small claim is processed you will be sent a bill showing the amount you owe and any additional costs.

The small claims against you is a legal process that will be recorded on the Register of Judgements, Orders and Fines. This information is used to check your credit, so could have a negative impact when you next apply for any credit. To avoid damaging your credit rating reply to your small claims docket as soon as you can.

 

How to Respond to Your Small Claims Form

 

When you received your form from the court you will also have been sent a response pack. In this pack you will see the option that are open to you. These include:

 

• A dispute claim form. You can use this form if you do not agree that you are liable for the small claim being bought against you and wish to submit a Defence.

• Details about how to pay the amount being claimed from you.

• Details about how to admit to part of the small claim against you, and how you can ask the claimant for more time to pay.

 

There are Two Types of Small Claims:

 

Fixed Amounts:

 

If the claim against you is for a fixed amount of money your response pack will contain three forms. Form N9 (acknowledgement of Service), form N9A (admission form) and N9B (defence and counterclaim form).

 

Unspecified Amounts:

 

If the amount being claimed is unspecified you will be sent forms N9 and N9C (admission form) and N9D (defence and counterclaim form). It is vital that you read the accompanying explanatory notes before choosing which form to send back.

 

Paying the Small Claim

 

If you want to make full payment of the amount being claimed against you this amount will be shown on the claim for you have been sent, and will also have details about where to send the money. Don’t forget, this must be done within the 14 day time limit or your case will proceed to the next stage.

 

In some instances you would like to pay, but need more time, you can give details about the delay you would like on form N9A, which should be in your response pack. It’s also a good idea to read leaflet EX309: The Defendant Admits by claim as this gives more details on this aspect of your case when fixed amounts of money are involved. Leaflet EX308 gives details of cases when unspecified amounts are being claimed against you.

 

Also please read forms EX326 and EX160A

 

How to Defend a Claim Against You

 

Disputed claims are handled by filling in the appropriate form from your response pack. You have three choices: Form N9, N9B or N9D. Read the note accompanying each form carefully to ensure you completely correctly. Pay special attention to the allegations raised on the form. If you don’t respond to each the court will assume you are admitting guilt.

Edited April 9, 2014 by stu007
Updated PDF added