top of page
Judge Gavel

What happens if the defendant respond to the claim?

If a defendant responds to a small claim in the UK, the course of the case depends on how they respond. Here's what typically happens:

  • Instagram
  • Facebook
  • X
  • LinkedIn
  • YouTube

The Defendant Files a Response (Acknowledgement or Defense)

The defendant must respond within 14 days of receiving the claim form (or 28 days if they file an acknowledgment of service).

There are three main types of responses:

Admit the Claim (Fully or Partially)

  • If they admit the full amount:

    • They can offer to pay immediately or in installments.

    • The court may issue a County Court Judgment (CCJ) based on this admission.

    • If the claimant accepts a payment offer, it avoids a hearing.

  • If they admit part of the claim:

    • The claimant can accept this or dispute it.

    • If disputed, the case continues (often to a hearing).

Dispute the Claim (File a Defense)

  • The defendant files a defense, explaining why they don’t owe the money.

  • The court will review the defense and may:

    • Refer the case to a small claims hearing.

    • Send both parties a directions questionnaire to gather info.

    • Encourage mediation via the court’s Small Claims Mediation Service.

Counterclaim

  • The defendant might file a counterclaim if they believe the claimant owes them money.

  • The court will consider both the original claim and the counterclaim together.

What Happens Next?

  • The court may issue directions or a Notice of Allocation, telling both sides what to do next (e.g., send evidence).

  • If unresolved, the case is listed for a hearing before a district judge.

  • At the hearing, both parties present their case, and the judge gives a decision.

 Important to Know:

  • If the defendant does not respond, the claimant can request a default judgment and win automatically.

  • Once a defense is filed, the case will not be decided automatically—it will go through the dispute resolution process.

Contact

T: 07512 121974

bottom of page