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The defendant admits they owe money

For some types of claim, such as a claim for compensation for loss or injury, you might not be able to work out the exact amount you're owed. But you'll know the top limit, for example 'limited to £5,000'. In court a claim for an unfixed amount is known as an ‘unspecified’ claim.

The person who owes the money, the ‘defendant’, may send a form to the court admitting they owe money. This is called admitting ‘liability’ (responsibility) for the claim.

The court will send the person owed the money, the ‘claimant’, a copy of the form.

The defendant may admit liability for the claim and:

• not say how much money
• offer an amount
• offer an amount and ask to pay by instalments or at a date in the future

Deciding how much will be paid

If the defendant doesn’t offer an amount, you’ll need to ask the court to decide how much should be paid. A judge will look at:

• whether a court hearing is needed
• what evidence they need from you to help them decide

Both sides will receive a copy of the judge’s decision (called ‘directions’).

The judge can decide to:

• send your claim to a court hearing called a ‘small claims hearing’
• hold a hearing to decide how the debt should be paid, called a 'disposal hearing'

• Small claims hearings

Hearings to decide how debt should be paid – ‘disposal hearings’

If there is a disposal hearing, to decide how the debt should be paid, the judge may:

• ask for more documents and other evidence they need to make a final decision
• decide the amount the defendant has to pay

What will happen in your case depends on:

• the likely amount of the money owed
• whether the defendant is likely to disagree
• whether the judge thinks there is enough evidence to make a decision

If you’re the claimant, you will need to send copies of any written evidence (documents, reports, receipts) to the defendant. You need to do this at least three days before the disposal hearing.

After the hearing the court will send both sides copies of the judge’s decision.

The defendant says how much they’ll pay

The defendant may admit your claim and make you an offer of what they think is fair.

If you’re the claimant and accept the amount offered, you’ll need to send the form back to the court saying so.

You’ll also need to think about how you want the money paid. Think about how the defendant is most likely to pay. You may have a better chance of getting your money if you ask for instalments rather than the full amount.

If you don’t agree with the amount you’re offered, the court will arrange for a judge to decide.

The defendant asks to pay in stages

The defendant may ask to pay at a future date, or in regular instalments. If both sides agree, the court will send the defendant a ‘judgment’ with details of how and when they should pay. The claimant will also get a copy.

If you’re the claimant and you don’t agree, you can ask the court to decide on the rate of pay (called ‘determination’). You’ll need to say why you don’t agree with the defendant’s offer.

Both sides can disagree with the rate of pay the court sets. You’ll need to write to the court explaining why you disagree, and a judge will decide. The judge might:

• ask you to go a court hearing
• decide on the evidence they have

Both sides will get a copy of the judge’s decision.

• Small claims hearings

• Hearings for claims worth more than £5,000

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