Step 10: Your Opponents response
Assuming that the Claim Form is not returned by the Post Office the Defendant will have three options:-
1. Dispute all or some of the claim.
2. Admit all or some of the claim
3. Do nothing!
Time for Response
The Defendant must respond within 14 days of service by sending a Defence or returning the Acknowledgement form; which gives the Defendant a further 14 days to serve a Defence.
Disputed Claims
The Court will send you a copy of the Defence. It should say which parts of your claim are disputed and why. If the Defence is no more than a bare denial then the Judge could strike it out.
In debt claims for specified sums the Defendant has to say if the debt has already been paid. If a such a Defence is received the Court will invite you to comment. The date that payment was made will be relevant to whether the Defendant should also have to pay your costs of making the claim.
Counterclaim
The Defendant is at liberty to defend the claim and go on the offensive by making a counterclaim; technically known as a "Part 20" claim (so called because it is regulated by Part 20 of the CPR).
The Defendant (or Part 20 Claimant) will have to pay a Court fee and if the amount of the counterclaim exceeds the financial limit of the Small Claims Court then the case could be allocated to a different track - so take care.
If you do end up facing a counterclaim then you will be a "Part 20" Defendant yourself as well as a Claimant! You will therefore have to respond within 14 days by filing a Defence to the Counterclaim or an admission. If you delay the Defendant can enter judgment against you, so make a careful diary entry.
Admissions - Specified Claims
If the claim is for a specified amount of money and the Defendant admits the money is owed then the Court office will enter judgment. They can even do this if the admission only relates to part of the claim so long as it is for a specified amount.
A request may be made for payment to be either deferred or made by instalments.
If such an offer is made then consider it carefully. Although it might not be ideal it may not be realistic to expect the money all at once; after all you can't get blood out of a stone. If you can't reach agreement with the Defendant then the Court will determine the terms of payment.
Admissions - Unspecified Claims
If a claim for an unspecified amount is admitted then you are entitled to enter judgment. The Court will then arrange for a "disposal hearing" to take place where the amount payable will be determined; unless you accept an offer from the Defendant in the meantime.
No Reply
If the Defendant does not respond you will be entitled to apply for judgment in default. The next section describes how to do this.
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