How to Defend a Small Claims Court Case

Getting a letter from the court can be alarming. But receiving a county court claim does not mean you have lost. It means someone has started legal proceedings against you — and you have every right to defend yourself. Thousands of small claims are successfully defended every year, and the process is designed so you can do it yourself without a solicitor.

This guide covers everything you need to know: what the claim documents mean, the strict deadlines you must meet, how to structure your defence, common defences that work, and what happens after you file.

What You Receive When Someone Makes a Claim Against You

When a county court money claim is made against you, you will receive a claim pack in the post (or via email if the claim was made through Money Claim Online). This pack contains:

• The Claim Form (N1) — this sets out who is claiming, the amount they want, and the basis for their claim (called the “particulars of claim”)
• The Response Pack (N9) — this contains the forms you use to reply: N9A for admissions and N9B for filing a defence or counterclaim
• Notes for Defendant — guidance on how to respond and the deadlines

Read everything carefully. The particulars of claim tell you exactly what the claimant is alleging and how much they want. Your defence must respond to each of these allegations specifically.

Deadlines — You Have 14 Days (or 28 With Acknowledgment)

The deadlines for responding are strict and run from the deemed date of service, not the date the letter arrives. The key dates are:

If you need more time, the simplest option is to file an acknowledgment of service immediately. This is a short form telling the court you intend to defend — it gives you an extra 14 days to prepare your full defence. Beyond that, you can agree an extension with the claimant (up to 28 extra days by consent) or apply to the court.

Your Options: Admit, Defend, or Both

You have three basic options when you receive a claim:

1. Admit the Claim (Form N9A)

If you accept you owe the money, use form N9A to admit the claim. You can propose how to pay: immediately, by a specific date, or by instalments. If you can only afford small monthly payments, set out your income and expenses on the form and the court will decide a reasonable payment schedule.

2. Defend the Claim (Form N9B)

If you dispute the claim — either entirely or in part — use form N9B to file your defence. You must explain why you disagree with each allegation in the particulars of claim. Simply writing “I deny the claim” is not enough.

3. Partial Admission + Defence

You can admit part of the claim and defend the rest. For example, if someone claims you owe £2,000 but you believe you only owe £800, you can admit £800 on form N9A and defend the remaining £1,200 on form N9B.

How to Write Your Defence

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

• Admit it — you accept it is true
• Deny it — you say it is untrue, and explain why
• Neither admit nor deny — you require the claimant to prove it

Under CPR Part 16.5, any allegation you do not specifically deal with in your defence is taken as admitted. So go through the particulars of claim point by point and address each one.

Common Defences That Work

The right defence depends on your situation, but these are the most common grounds for defending a county court money claim:

The money is not owed

You never agreed to pay, or the amount is wrong. For example, you were quoted £500 for a job but the tradesperson is now billing £1,200 for extras you never agreed to.

The goods or services were defective

Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose, and as described. Services must be performed with reasonable care and skill. If the claimant provided substandard goods or services, you may have a valid defence — and potentially a counterclaim.

The work was not completed

The claimant did not finish the job they were contracted to do. You should not have to pay in full for incomplete work.

Set-off

You accept you owe money, but the claimant also owes you money (for example, they caused damage to your property). You can set one amount against the other and only pay the difference, if any.

The claim is time-barred

Under the Limitation Act 1980, most contract claims must be brought within 6 years of the breach. If the events happened more than 6 years ago, the claim may be statute-barred and you can apply to have it struck out.

Already paid

You paid the amount owed before the claim was issued. Provide bank statements or receipts as evidence.

Dispute about terms

You disagree about what was agreed — the price, the scope of work, the delivery date, or other contract terms. This is common in building disputes and service agreements where nothing was put in writing.

Filing a Counterclaim

A counterclaim is your own claim against the claimant, filed at the same time as your defence on form N9B. Common examples:

• A builder sues you for unpaid work, but the work was so poor you had to pay someone else to fix it — counterclaim for the repair costs
• A landlord claims unpaid rent, but they failed to return your deposit — counterclaim for the deposit
• A company claims you owe money for services, but you suffered losses because the services were defective — counterclaim for those losses

How to File Your Defence

Once your defence is written, you need to file it with the court and serve a copy on the claimant. You can file:

• Online via Money Claim Online (MCOL) — if the claim was issued through MCOL, you can respond through the same portal (note: limited space for text)
• By post — send completed form N9B to the court that issued the claim (address is on the claim form)
• In person — deliver it to the county court counter
• Using JustClaim — answer a few questions online, get an AI-drafted defence, and file it directly. £59 flat fee, no solicitor needed

You must also serve (send) a copy of your defence on the claimant or their solicitor. Keep proof that you served it — recorded delivery or email confirmation.

What Happens After You File Your Defence

After your defence is filed, the case moves to the next stage:

• Directions questionnaire — both parties receive a form (N180 for small claims) asking about the case to help the court allocate it to the right track
• Track allocation — the court assigns the case to the small claims track (up to £10,000), fast track (£10,000–£25,000), or multi-track (over £25,000)
• Mediation — for small claims, the court will usually offer free telephone mediation through the Small Claims Mediation Service. This has a high success rate and avoids the need for a hearing
• Hearing — if the case does not settle, it goes to a hearing where a district judge decides based on the evidence. Small claims hearings are informal and usually last 1–2 hours

Preparing for a Hearing

If your case goes to a hearing, here is what to expect:

• Bring originals of all documents — contracts, invoices, messages, photos, receipts
• Organise your evidence in chronological order with a numbered bundle and index
• Prepare a brief summary of your case — the key facts and why the claim should fail
• Dress appropriately — business casual is fine, no need for a suit
• Address the judge as “Sir” or “Madam” (district judges, not “Your Honour”)
• Be honest and calm — judges can tell when people are exaggerating or being evasive

What About Costs?

On the small claims track, costs recovery is strictly limited. Even if you lose, the most you will usually have to pay is:

• Court fees the claimant paid
• Loss of earnings for the claimant and witnesses (up to £95 per day)
• Travel expenses
• Expert fees (up to £750)

You will not be ordered to pay the claimant's solicitor fees. This is one of the key advantages of the small claims track — even if you lose, the financial risk is limited and predictable.

Common Mistakes to Avoid

• Ignoring the claim — the single worst thing you can do. A default judgment follows and a CCJ goes on your credit file
• Missing the deadline — file an acknowledgment of service immediately to buy yourself 28 days total
• Being too vague — “I deny the claim” without explanation is treated as no defence at all
• Getting emotional — stick to facts. “The claimant is a liar” is not a defence. “The claimant's account is inaccurate because...” is
• Not serving the claimant — filing with the court is not enough. You must also send a copy to the claimant
• Refusing mediation — courts can penalise unreasonable refusal to mediate with adverse costs orders