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What happens first if a claim is made against you

If someone is making a court claim against you to get money, you will receive a claim form through the post. If you think you don’t owe the money and want to defend yourself, use the defence form in the pack with the claim. Or you can respond online if the claim was issued using the Money Claim Online website.

You need to send your defence to the court centre quickly - within 14 days. If you defend the claim or make a counterclaim, you can get an extra 14 days to plan your response. Follow the instructions on the defence form carefully and answer all the things that are said against you.

If you defend the claim, it will be transferred to your local court.

• Responding to an online court claim for money

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• A claim has been made against me - what should I do? Opens new window

If you’ve paid the amount claimed

If you receive a claim form and you’ve paid already, you should still fill in the defence form and send it back to the court centre. The claimant will then let you and the court know if they:

• agree you have paid
• think you still owe them money

You might have paid the money after the claimant started the claim, but before you got the claim form in the post. If this happens the claimant can ask you to pay their court fees.

If you agree you owe some of the money

If you agree that you do owe some money, but less than what’s claimed, you can make a 'part admission’. There are forms for this in the pack of documents you were sent with the claim. Send them back to the court centre explaining why you owe a lesser amount.

You can either:

• pay the amount you agree you owe to the person making the claim (the 'claimant') straight away
• ask for time to pay (by instalments or at a later date)

The claimant will let you and the court know if they:

• accept the smaller amount and the repayment terms you have offered
• think you owe the rest (in which case, the claim continues as a defended case)

If the claimant owes you money

If you receive a court claim, but the claimant actually owes you money, you can try and get your money back. This is called ‘making a counterclaim’. You need to fill in the defence and counterclaim form in your pack and send it to the court centre.

You may have to pay a fee for making the counterclaim.

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• Civil and family court fees leaflet Opens new window

If the claim is for an unspecified amount

Claims where you are unable to put an exact figure in the claim are known in court as 'unspecified claims'. If the claim is for compensation for an unspecified amount, for example ‘up to £10,000’, you need to accept or deny responsibility. If you accept responsibility this is called 'admitting liability’ for payment. You may admit liability:

• without saying how much
• and offer an amount (you can contact the claimant to discuss)
• and offer an amount but ask to pay by instalments or later on

Or you can disagree with the claim and defend it.

• Money claims: if a defendant admits they owe an unspecified amount

If the claim goes to court

If you defend the claim, or if you and the claimant can’t agree on an amount, you may have to go to court.

Most claims for £5,000 or less are called ‘small claims’ and are dealt with in hearings called ‘small claims hearings’. See the link 'Small claims hearings' below.

Claims for £5,000 or more are dealt with in ‘fast track’ or ‘multi-track’ hearings. See the link ‘Hearings for claims worth more than £5,000’ below.

At this stage, it is still possible to sort things out before you get to court using a service like mediation.

• Mediation in debt disputes

• Small claims hearings

• Hearings for claims worth more than £5,000

How you can be represented in court

You can choose to represent yourself for smaller claims (under £5,000) for fixed amounts.

You can also take someone to the court hearing to speak on your behalf. This person is called a ‘lay representative’ and may be a relative, friend or an advice worker. You need the court’s permission to do this and you should contact the court before the hearing to ask permission.

If the claim is for more than £5,000 or includes a claim for compensation for injury to someone else, it’s best to get legal advice.

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