The Defendants Response

Once you have sent your papers to the defendant, they may respond in a number of ways:

Admit

• The defendant may admit your claim and offer to settle immediately.
• The defendant may admit your claim and offer a sum of money where you have not specified an amount. If you accept the offer, ask the court for a judgement to be registered. This will allow you to take further steps to enforce the judgement should the defendant fail to honour the promise. If not, a judge will decide the amount of money, possibly at a court hearing.
• The defendant may agree to pay the amount you want but under terms you don't like, perhaps in instalments. Court officials and possibly a judge can impose a solution.

Ignore

The defendant may ignore your claim. You can then ask for judgement in your favour. If you haven't specified an amount of money in your claim, a judge will decide the amount. This may require a court hearing.

Challenge

The defendant may challenge your claim at first, but then admit it and offer to settle as the date for a court hearing approaches.

Dispute

The defendant may dispute your claim , saying that you are asking for too much, or rejecting the claim outright. It's only when this happens that you discover whether your case will be channelled to the small claims track. The defendant may also put in a counterclaim, saying that you still owe money for goods or services.

Papers Returned

The papers may be returned to the court undelivered, in which case the court will send you a notice of non-service. You will then have to serve the claim form yourself. Court staff can tell you how to do this. You must serve the claim within four months of the date it was issued, or apply for an extension if four months is not long enough - for instance if you're having problems tracking down the defendant's current address.