Defence Options: What to Do If You’re Being Sued (Small Claims UK)

Introduction

Receiving a claim form can feel like a bolt from the blue. Someone is saying you owe them money, and the legal paperwork looks intimidating. Being sued in the UK for a debt triggers a county court process that has strict time limits and technical paperwork. Fortunately, the small claims procedure in the UK is designed to be accessible and affordable, and with a clear roadmap, you can protect your rights and even turn the tables. When you’re being sued you need to know what to do if you’re being sued and how to navigate a county court small claim defence so you aren’t caught out by procedure.

In this guide, we’ll explain how to respond to a small claim under £10,000. We’ll break down the forms (N9A, N9B and N9D), deadlines, and options – whether you want to defend a small claim in the UK, admit part of the debt, make a counterclaim, or settle out of court. The article also shows how to prepare a professional defence statement, gather evidence and avoid a default judgment. Throughout, we’ll highlight how platforms like CaseCraft.AI can streamline the process without replacing legal advice. Understanding how to respond to a small claim ensures you take control of your case rather than letting the court decide by default.

Understanding Small Claims in the UK

Before diving into defence strategy, it’s essential to understand what qualifies as a small claim. Under the Civil Procedure Rules, a small claim is a civil dispute with a financial value up to £10,000, subject to special provisions for personal injury and housing disrepair. Cases above that limit go to other tracks. The small‑claims track is informal and user‑friendly – parties often represent themselves.

Typical small claims include:

• Unpaid invoices and debts: for example, a tradesperson pursuing a client who hasn’t paid a £2,500 bill.
• Consumer or contract disputes: such as when goods or services were faulty or not delivered as promised.
• Property damage: disputes over minor property repairs or damage to rented accommodation.
• Deposit or loan disputes: disagreements over tenancy deposits, small loans or unpaid rent.

The parties are known as the claimant (the person making the claim) and the defendant (the person being sued). Claims can be issued either on paper (using the N1 claim form) or through an online service. Once issued, the court serves the claim and particulars of the claim on the defendant. The date of service triggers your response deadlines, so check the paperwork carefully.

Step 1: Check the Claim and Deadlines

Receiving a claim form can be unsettling. The first step is to confirm that the paperwork is accurate and to diarise your response dates. Missing deadlines is the quickest way to lose by default.

Check the Details

Check that the claim is accurate. Confirm your name and address are correct, review the amount and any interest, and ensure that the particulars of the claim have been served. For claims sent by post, the date of service is usually the second business day after posting, and the 14‑day period starts when you receive the particulars if they arrive later. Raise mistakes with the court promptly.

Understand Your Deadlines

The small claims court deadlines are strict and based on the date of service. You have:

Missing these dates allows the claimant to apply for a default judgment, meaning the court will order you to pay without hearing your defence. Once a default judgment is entered, you may need to use Form N244 to apply to set it aside and explain why you were late.

Many litigants worry about completing the paperwork correctly. The acknowledgement service form N9 (often called an Acknowledgement of Service) is designed to be simple: tick the boxes to say you intend to defend, dispute jurisdiction, or admit part of the claim. Returning this form on time preserves your right to prepare your defence without rushing.

These timeframes are set out in Civil Procedure Rules Part 27, which govern the small‑claims track. The rule emphasises shorter hearings, limited costs and an informal process where judges assist self‑represented parties. Familiarising yourself with these simplified rules improves confidence and ensures you stay on top of procedural missteps.

Checklist Before You Respond

Before you pick up a pen or log on to a digital portal, pause and make sure you have everything in order. A short checklist helps you organise your small claims defence and avoids last‑minute panic. Use this as your roadmap before you reply to the court.

• Review the claim pack and set deadlines. Read the court claim form N1 and particulars of claim; check nothing is missing and diary the 14‑day and 28‑day small claims court deadlines. Send the acknowledgement service form N9 on time to avoid a default judgment in small claims.
• Choose your approach. Decide whether to dispute the claim, make a part admission or lodge a counterclaim in the UK small claims. Your choice determines whether you complete N9B, N9D or the part admission form N9A.
• Gather documents. Collect contracts, invoices and other evidence early. This prepares a small claims defence step, makes drafting your case easier and ensures you serve your bundle 14 days before the hearing.
• Use technology wisely. Tools like CaseCraft.AI can show you how to respond to a small claim, help you defend a money claim online and keep track of forms and deadlines.

Having this short checklist to hand means you respond to court claim form paperwork confidently and on time.

Step 2: Choose the Right Defence Option

After checking the claim, decide how you will respond. Your choices depend on whether you agree with the debt, dispute it, or have your own claim. Let’s break down the options.

Every county court small claim follows the same basic menu of responses. Whether the dispute concerns a faulty product or unpaid wages, your strategy hinges on whether you accept the debt, dispute it entirely, or wish to raise a claim of your own.

File a Full Defence (Form N9B)

If you disagree with the claim entirely, complete Form N9B and return it within the deadline. In the form, you must address each allegation in the particulars of the claim, stating whether you admit, deny or do not admit each point. Provide a brief explanation and reference supporting evidence. Once you’ve signed the statement of truth, send the defence to the court and a copy to the claimant. If you need more time, file an Acknowledgement of Service within 14 days to extend the defence deadline to 28 days.

File a Part Admission (Form N9A + N9B)

Sometimes you agree you owe part of the money but dispute the remainder. Use the part admission form N9A to admit the amount you accept and make a payment offer; you must send it within 14 days. Then use Form N9B to set out why you disagree with the rest of the claim. Provide details of your income and expenses, and return both forms promptly. A timely part admission shows cooperation and may lead to negotiation or settlement.

Make a Counterclaim

If you believe the claimant owes you money or has breached the contract, you can issue a counterclaim. Use the counterclaim section of Form N9B or N9D and include a concise explanation and evidence. Court fees apply and are based on the amount you seek, so only counterclaim where you have a genuine basis. A well‑reasoned counterclaim in the UK small claims can encourage settlement by balancing the risks for both sides.

Negotiate or Settle Out of Court

Many county court small claim disputes settle before the hearing. You can negotiate directly or use the court’s free Small Claims Mediation Service after you both complete the directions questionnaire. This confidential court mediation small claims session helps both sides reach a compromise and settle small claims before a hearing, saving time and costs. Platforms like CaseCraft.AI can draft pre‑action letters and settlement offers.

Step 3: Prepare Your Defence

Once you decide on your response, it’s time to compile your evidence and draft the defence statement. Proper preparation strengthens your case and makes the hearing run smoothly.

Remember that small claims judges expect coherent, succinct submissions. Poorly organised evidence or missing documents can lead to a default judgment in small claims court if the court feels you have not engaged with the process. Taking the time now will pay dividends later.

Gather and Organise Evidence

Your defence will be more persuasive when supported by documents. Collect key evidence for small claims such as contracts, invoices and receipts, correspondence (emails, letters or messages), photographs and, where relevant, expert reports. Create a numbered index and label each document. 

Under the small‑claims track rules, you must file and serve copies of all documents you intend to rely on at least 14 days before the final hearing. Send the bundle to both the court and the claimant and keep copies for yourself. If sending documents by email, obtain agreement from the other party first. Proof of posting is important; use recorded delivery where possible.

Write Your Defence Statement

When drafting your defence, clarity and structure are key. Follow these guidelines:

1. Follow the numbering. Respond to each paragraph of the particulars of claim, stating whether you admit, deny or do not admit each allegation, and explaining your reasons with reference to evidence.
2. Stay factual and concise. Avoid emotive language; present your arguments logically. Attach supporting documents and reference them in the text so the court can follow your case easily.
3. End with a statement of truth. Conclude your defence with the words “I believe the facts stated in this defence are true,” then sign and date it. Unsigned defences may be struck out. Including a signed statement and appropriate evidence shows the judge you have properly engaged with the process.

Seek Legal Guidance

While the self‑represented defendant is the norm in small claims, legal advice can still be invaluable. Many people act as self-represented defendants because legal costs cannot usually be recovered in this track. Court staff can help you fill in forms, but cannot give legal advice. You may wish to seek legal advice for small claims on complex issues such as limitation periods or consumer law.

Helpful resources include legal clinics for free guidance and solicitors for complex defences. Alternatively, you can use CaseCraft.AI for step‑by‑step guidance, document automation and deadline tracking. The platform produces court‑ready forms and helps organise your evidence while you remain in control of your case.

Step 4: Submit and Track Your Defence

Submitting your defence correctly and monitoring the case is the final piece of the puzzle. You can deliver your defence:

After you file your defence, the court assigns the case to the small‑claims track and transfers it to your local court. You will receive a notice of proposed allocation and a directions questionnaire, which asks about witnesses, evidence and availability. Return it on time to avoid your defence being struck out. 

The court will then set a hearing date, giving at least 21 days’ notice. Follow all directions, which may include exchanging documents and providing a witness statement for small claims, a signed document setting out your evidence. Keep copies of everything and diary deadlines. Mediation may be offered, and CaseCraft.AI’s smart reminders help you track each step.

What Happens If You Ignore the Claim

Failing to respond to the claim form or to meet the deadlines is risky. Under Civil Procedure Rules, if the defendant does not file an acknowledgement or defence within 14 days (or 28 days where an acknowledgement has been filed), the claimant can request a default judgment. A default judgment records that you owe the money and may appear on your credit file, making it harder to obtain finance.

If a default judgment is entered wrongly, for example, because you never received the papers, you can apply to set it aside. Use Form N244 (application notice) to ask the court to vary or set aside the judgment. You must explain why you didn’t respond in time and show that you have a real prospect of defending the claim. Courts may also consider whether you acted promptly after learning about the judgment. The application carries a court fee, unless you qualify for fee remission.

The best strategy is to act quickly and never ignore court papers. Even if you think the claim is unjustified or time‑barred, file the acknowledgement and defence and let the court decide.

Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. For guidance on your specific case, consult a qualified solicitor or legal professional.