Received a County Court claim? A checklist for responding

Receiving court papers is unsettling, particularly if you were not expecting them. The most important thing to know is that time limits start running from the moment you are served, and doing nothing is usually the worst option. If you do not respond in time, the claimant can often obtain judgment against you without a hearing, which may lead to a County Court judgment (CCJ) on your record and enforcement action.

This checklist covers the first steps after receiving a civil claim in the County Court in England and Wales, and the points at which a barrister can help you.

Day one: read and record

Open everything and read it carefully. You should have a claim form and particulars of claim (sometimes these follow separately), and a response pack.
Note the date you received it. The rules set out when documents are treated as served, which may be a few days after posting.
Identify who is suing you and for what. Check the amount, interest and costs claimed.
Check it is genuine. Look for the court seal and a claim number. If in doubt, contact the court or the online money claim service using contact details from the government's website, not from the papers.
Diary the deadline. You normally have 14 days from service of the particulars of claim to respond.

Decide your response

The response pack gives you options. Choose carefully.

Admit the claim if you owe the money. You can ask for time to pay or offer instalments. Admitting promptly can limit extra costs and interest.
Admit part of the claim if you owe some but not all of it.
Defend the claim if you do not owe the money or dispute the amount.
Acknowledge service if you need more time. Filing an acknowledgment of service within 14 days gives you 28 days from service of the particulars of claim to file your defence.
Agree an extension with the claimant if you need longer. You can agree up to a further 28 days in writing, but you must tell the court.

Writing a defence

Deal with each paragraph of the particulars of claim. For each, say whether you admit it, deny it (with your reasons and your version of events), or cannot admit or deny it because you do not know.
Be specific. A bare statement that you dispute the claim is not enough and may be struck out.
Raise any limitation defence if the claim is out of time. The court will not do this for you.
Consider a counterclaim if the claimant owes you money arising from the same dealings. A fee may be payable.
Sign the statement of truth. Making a false statement can lead to contempt proceedings.
File it with the court and send it to the claimant by the deadline. Keep proof of filing.

If you have missed the deadline

Check whether judgment has been entered. If not, file your response immediately.
If judgment has been entered, you may be able to apply to set it aside. Act straight away: the court considers how promptly you applied and whether you have a real prospect of defending the claim.
If a CCJ is paid in full within one month, you can ask for it to be removed from the register.

After your defence

Directions questionnaire. The court will send a questionnaire to help decide which track the case goes on: small claims, fast track, intermediate track or multi-track. Complete it by the deadline.
Consider settlement and ADR. The court expects it, and a reasonable offer can protect you on costs. Formal offers under Part 36 of the Civil Procedure Rules have specific consequences, so take advice before making or rejecting one.
Comply with every direction the court then makes about disclosure, witness statements and experts.
Think about costs risk. On the fast track and multi-track, the losing party can be ordered to pay a substantial part of the other side's legal costs.

Practical tips

Keep every document in one folder in date order.
Communicate with the claimant in writing and keep copies.
Do not ignore letters from the court or the claimant.
If you cannot afford to pay, get free debt advice from a recognised debt advice charity as early as possible.

When to speak to a barrister

Under the Public Access scheme you can instruct a barrister directly, without a solicitor, for specific pieces of work. Barristers cannot always conduct the litigation for you (filing documents and corresponding with the court) unless they hold a separate authorisation, but they can advise, draft and represent you at hearings. Consider a barrister when:

the claim is for a significant sum, or puts your home or business at risk;
it is likely to be on the fast track, intermediate track or multi-track, where costs consequences are greater;
you need a defence or counterclaim drafted properly. A well-drafted defence can shape the whole case;
you need to apply to set aside a default judgment;
you have received a Part 36 offer and do not know whether to accept it;
there is a hearing or trial listed, particularly if the claimant is represented.

A short written advice or drafting a defence is often the most cost-effective help. Attendance at a full-day hearing usually starts from about £1,000 and is often more depending on experience and complexity; you will be given a quote before you commit.

Clerk&Counsel helps people find the right independent barrister for their dispute. Submitting an enquiry is free. If you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's fee before you decide. Request availability and a quote, or read our guide on how to set aside a CCJ.

Clerk&Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. This checklist is general information only.