I’ve been served a small claim. Now what?

You've received a court claim form. Here are your five options, the 14-day deadline that matters most, how to file Form N9B, and what a Part Admission means.

If the claim is correct and you can pay, doing so within 14 days avoids a CCJ being registered against you. Send payment direct to the claimant (not the court) and keep proof.

File Form N9A admitting the debt and proposing a repayment plan. Be realistic; the court can replace your offer with one it considers reasonable.

File Form N9B with your defence within 14 days. State which paragraphs you accept, which you deny, and your version of events. A weak defence is worse than no defence — if you have no real grounds, admit and offer to pay.

Buys you 14 more days (28 total) to file a defence. Useful if you need time to gather evidence or take time to consider your position.

Use Form N9B to file BOTH a defence and a counterclaim if you reckon they owe YOU money on related facts. Counterclaim fee scales like a normal claim.

How to respond to a small claims court claim

You have 14 days from the date of service to respond. Filing an Acknowledgment of Service (N9) extends this to 28 days total.

Decide your response

Choose from: pay in full, admit with an instalment offer (N9A), file a defence (N9B), or file a defence plus counterclaim (N9B).

Complete Form N9B if defending

State clearly which paragraphs of the claim you admit, which you deny, and the facts you rely on. Attach supporting evidence.

File at the correct court

Return the completed form to the County Court Business Centre (for MCOL claims) or the court named on the claim form. Keep a copy of everything.

Prepare your evidence bundle

Gather contracts, invoices, correspondence, and photos. Organise in date order with an index. The court will set a deadline for exchange — usually 14 days before the hearing.

All five are responses to the N1 claim form you received. Pick one within 14 days. The court does not chase you — silence means default judgment.

What happens when you are served

Service is deemed to occur two business days after the court posts the claim form. The 14-day clock starts from that deemed service date, not from when it actually arrived in your letterbox. If you were served by personal service (a process server handing you the form), service is immediate on the day.

The claim form (N1) tells you the amount claimed, the claimant's particulars of claim, and your options. Read the particulars carefully — the defence must respond to each factual allegation. Generic denials ("I deny the claim") are weak. Point-by-point responses are strong.

If the claim form arrived damaged, illegible, or addressed to the wrong person, contact the court immediately. Do not ignore a claim form in the hope that a technical service defect will save you — courts regularise most defects and judges are unsympathetic to defendants who sat on a dispute without raising the issue promptly.

Grounds for a defence

A valid defence asserts something the court can actually decide. "I can not afford to pay" or "they were rude to me" are not defences. These are:

You dispute that the contract existed, that the work was done, or that the goods were defective. The claimant must prove their version on the balance of probabilities.

Payment already made

You paid but the claimant has not credited it. Bank statements and payment confirmations are strong evidence here.

The claim is out of time. For a simple contract claim under the Limitation Act 1980 s.5, the claimant had six years from the cause of action to issue proceedings.

Set-off or counterclaim

You acknowledge some liability, but the amount is reduced by a sum they owe you on the same or related facts.

There was never a binding agreement — no firm offer and acceptance, terms too uncertain, or the document was a quotation only.

Consumer protection legislation (Consumer Rights Act 2015, Sale of Goods Act 1979) gave you a right to reject, refund, or repair that the claimant ignored.

If you have no real grounds to dispute the debt, admitting and offering instalments is usually less damaging than a failed defence followed by a costs order and a CCJ.

How to file Form N9B (the defence form)

What if you don't respond at all?

After 14 days (or 28 if an Acknowledgment of Service was filed), the claimant can apply for default judgment without any hearing. The court enters judgment for the full claimed amount, interest, and court fees. That judgment is immediately enforceable.

A default judgment becomes a County Court Judgment (CCJ) if not paid within one calendar month. CCJs are registered on the Register of Judgments and stay there for six years. They affect your ability to get a mortgage, a credit card, a phone contract, and some jobs.

You can apply to set aside a default judgment under CPR 13, but only if you act promptly and show either that service was defective, or that you have a real prospect of successfully defending the claim. The bar for set-aside is higher than many defendants assume, and you will usually need to pay the court fee for the set-aside application.

Part Admission in detail

A Part Admission (Form N9A) is useful where you genuinely owe some of the amount claimed but dispute the rest. You set out exactly how much you admit and offer to pay it — immediately or by instalments. The claimant then has 28 days to decide:

If the claimant accepts, you must pay within 14 days or the timetable you proposed. If they reject, the case proceeds on the disputed balance and your admission to the partial amount is on the record.

A counterclaim is your claim against the claimant arising from the same or related facts. You file it on Form N9B at the same time as your defence. You pay a court fee based on the counterclaim amount (same scale as issuing a new claim). Examples:

If your counterclaim exceeds the original claim, you may become the net claimant — the court decides the net figure. Be realistic about quantum: a failed counterclaim that inflated a simple case can irritate a judge and affect the small costs order at the end.