Has someone served a court claim form document on you?
Has someone started formal court proceedings against you? Have you received a claim form document? What action do you need to take?
For a start, don’t just ignore the claim form. It is not going to go away - and ignoring it could make your situation worse!
You have only 14 days to respond from the date of service – after that, the claimant could enter “judgment in default” against you.
Here’s what you need to do
- Read the claim form carefully.
- Check that the claimant has provided the Response Pack or a link to the online Response Pack. If not, access it here. It includes an admission form, the defence form and the acknowledgment of service.
- Do you admit that the claim is correct? If yes, you should complete the admission form and pay the full amount to the claimant. The form sets out how to do this.
- Do you admit that you owe some of the money claimed? If yes, you should complete the admission form and pay the amount you believe is due to the claimant. You should also complete the defence in relation to the amount you dispute. The form sets out how to do this.
- Do you dispute the claim? If yes, complete the defence form.
- If you need 28 days to respond (rather than 14) from the date of service to prepare your defence, or you wish to contest the court’s jurisdiction, you should complete and return the acknowledgement of service.
Has judgment been entered against you already?
If you fail to take any of the action listed above, the claimant can enter judgment against you "in default".
If this has already happened, read our checklist on how to deal with County Court Judgments.
Dealing with online money claims
If you have received or want to deal with a money claim online, click here.
If you or your company have received a claim form, our Commercial Litigation Team can help you weigh up your options and decide what action to take.
Contact Christopher Burke on 0161 785 3500 or email him at email@example.com.
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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.
This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.