How to File a Defence to a Court Claim

Receiving a court claim can be stressful, but it is important not to ignore it. If you believe the claim is wrong — or even if you accept part of it — you have the right to respond. The N9 form pack is the standard way to reply to a county court money claim in England and Wales. This guide explains what the forms are, the deadlines you must meet, what to include in your defence, and how to file it.

What Is the N9 Form Pack?

When you are served with a county court claim for money (the N1 claim form), you will also receive a response pack containing two forms:

• Form N9A — Admission — use this if you accept that you owe some or all of the money. You can propose how to pay (immediately, by a set date, or by instalments). If you only admit part of the claim, you can use N9A for the admitted part and N9B for the rest
• Form N9B — Defence and Counterclaim — use this if you dispute the claim, either in whole or in part. You can also use this form to file a counterclaim — your own claim against the person who is suing you

Together, these forms give you three options: admit the claim, defend the claim, or do both (partial admission with a defence to the remainder). You can also counterclaim at the same time.

Deadlines — How Long Do You Have?

The deadlines for responding to a court claim are strict and run from the deemed date of service — not the date the documents arrive at your address. The key deadlines are:

• 14 days from service — deadline to file an acknowledgment of service (a holding response indicating you intend to defend)
• 28 days from service — deadline to file your full defence (if you filed an acknowledgment of service within the first 14 days)

If you do not file an acknowledgment of service within 14 days, your deadline to file a defence is also 14 days from service. In other words, the acknowledgment of service buys you an extra 14 days to prepare your defence.

You can apply for more time by agreement with the claimant (up to a maximum of 28 extra days by consent) or by applying to the court. However, it is always better to file within the original deadline if possible.

What to Include in Your Defence

Your defence must respond to each allegation in the particulars of claim. For each point, you should state whether you:

• Admit it — you accept the allegation is true
• Deny it — you say the allegation is untrue, and explain why
• Neither admit nor deny — you require the claimant to prove it (you may not have enough information to confirm or deny)

Under CPR Part 16.5, if you deny an allegation, you must state your reasons for doing so. If you intend to put forward a different version of events, you must set out your own account. Simply saying “I deny the claim” without any explanation is not sufficient — the court needs to understand the basis of your defence.

Common Defences

The right defence depends on your circumstances, but some of the most common defences in county court money claims include:

• The debt is not owed — you never agreed to pay, or the amount is wrong
• The goods or services were defective — you paid for something that was not as described, not fit for purpose, or not of satisfactory quality (under the Consumer Rights Act 2015)
• The work was not completed — the claimant did not finish the job they were contracted to do
• Set-off — you accept you owe money, but the claimant also owes you money (for example, for damage they caused), and you want to set one off against the other
• The claim is time-barred — the limitation period has expired. For most contract claims, the limitation period is six years from the date of breach (Limitation Act 1980, section 5)
• The claim has already been paid — you paid the amount owed before the claim was issued
• Dispute about the contract terms — you disagree about what was agreed, the price, or the scope of work

Filing a Counterclaim

A counterclaim is your own claim against the claimant, filed at the same time as your defence. You might counterclaim if the claimant owes you money, caused you financial loss, or breached a contract with you.

Counterclaims are filed using form N9B. You set out your counterclaim in the same document as your defence. The court will then deal with both the original claim and your counterclaim together.

There is a court fee for filing a counterclaim. The fee is based on the amount you are counterclaiming and follows the same fee scale as issuing a new claim — for example, £35 for claims up to £300, £115 for claims between £1,000 and £1,500, and so on up to a maximum of £10,000 (or 5% of the claim value for claims over £200,000).

How to File Your Defence

Once your defence is prepared, you need to file it with the court and serve a copy on the claimant. There are several ways to file:

• Online via Money Claim Online (MCOL) — if the claim was issued through MCOL, you can file your defence through the same portal. Note that MCOL has limited space for your defence text
• By post — send the completed N9B form to the court that issued the claim. The court address is on the claim form you received
• In person — you can hand-deliver your defence to the relevant county court
• Using JustClaim — answer a few questions online, and your defence is prepared automatically and filed on your behalf

You must also send a copy of your defence to the claimant (or their solicitor, if they have one). This is called “service”. You can serve by post, email (if they have consented to email service), or through their solicitor.

What Happens After You File

After you file your defence, the case moves to the next stage of court proceedings:

• Directions questionnaires — both parties are sent a directions questionnaire (form N180 for small claims, N181 for fast track). You fill this in to help the court allocate the case to the right track and set a timetable
• Track allocation — the court allocates the case to the small claims track (up to £10,000), fast track (£10,000 to £25,000), or multi-track (over £25,000)
• Mediation — for small claims, the court will usually offer free mediation through the Small Claims Mediation Service. This is a telephone-based service that tries to help both parties reach a settlement without a hearing
• Hearing — if the case does not settle, it will proceed to a hearing where a judge will decide the outcome based on the evidence

Common Mistakes to Avoid

• Missing the deadline — the single biggest mistake. If you miss the deadline, the claimant can get default judgment. If you need more time, file an acknowledgment of service immediately to get an extra 14 days
• Being too vague — “I deny the claim” is not enough. You must explain why you deny each allegation and set out your own version of events
• Ignoring the claim — hoping the claim will go away is the worst approach. Even if you think the claim is hopeless, you must respond formally or risk a judgment against you
• Not keeping copies — always keep a copy of everything you file with the court. You will need it for the hearing
• Forgetting to serve the claimant — filing with the court is not enough. You must also send a copy to the claimant or their solicitor