You Have Received a County Court Claim Form
Receiving a county court claim form (Form N1) means someone has issued legal proceedings against you. You have strict deadlines to respond โ ignoring it will result in a default judgment.
Quick Answer
You have 14 days from service to file an acknowledgement of service (Form N9), and 28 days from service to file your defence (Form N9B). If you do nothing, the claimant can apply for a default judgment after 14 days. You can admit the claim in full, part-admit it, defend it, or file a counterclaim. Do not ignore the claim form.
Full Explanation
County court claims in England and Wales are governed by the Civil Procedure Rules (CPR). The claim form (Form N1) sets out the claimant's case and particulars of claim. It is 'served' on the defendant, and the deemed date of service depends on how it was sent โ for first class post, service is deemed to occur on the second business day after posting.
Upon receiving the claim form, the defendant has options. Under CPR Part 9, a defendant who needs more time to prepare their defence (or who intends to dispute jurisdiction) should file an Acknowledgement of Service (Form N9) within 14 days of service โ this extends the deadline for filing a defence to 28 days from service. If no acknowledgement is filed, the defence must be filed within 14 days.
Under CPR Part 15, the defence must be filed at the court and served on the claimant within 28 days of service of the claim form (or, if the defendant has acknowledged, 28 days from service). The defence must deal with each allegation in the particulars of claim โ admitting or denying each, with reasons for denial. Failure to deal with an allegation may be treated as an admission.
If the claim is clearly wrong, the defendant should defend and provide all relevant evidence. If the defendant has a counterclaim (a claim against the claimant arising from the same facts), it should be filed with the defence using CPR Part 20. A counterclaim is a separate claim and may exceed the value of the original claim.
If the defendant does nothing, the claimant can apply for a default judgment under CPR Part 12 after 14 days (if no acknowledgement was filed). A default judgment can be set aside on application (see CPR r.13.2 and 13.3) but this requires an application and there is a fee.
After defences are filed, the case is allocated to a track: small claims track (up to ยฃ10,000), fast track (ยฃ10,000โยฃ25,000), or multi-track (over ยฃ25,000 or complex cases). The appropriate track determines the procedural steps and the costs rules.
Legal Basis
- ยงCPR Part 9 โ acknowledgement of service
- ยงCPR Part 10 โ defendant's response
- ยงCPR Part 12 โ default judgment
- ยงCPR Part 15 โ defence and reply
- ยงCPR Part 16 โ statements of case
- ยงCPR Part 26 โ case management โ track allocation
What To Do
Note the Service Date and Calculate Deadlines
The claim form shows the date it was issued and the date of service (or calculate deemed service from the postmark). File an acknowledgement of service (N9) within 14 days of service if you need more time. File your defence within 28 days of service.
File the Acknowledgement of Service (N9)
Complete Form N9 (available at hmctsformfinder.justice.gov.uk or through MCOL) and file it with the court. Indicate whether you intend to defend the claim. This gives you until 28 days from service to file your full defence.
Assess the Claim and Prepare Your Response
Read the particulars of claim carefully. Identify any admissions and any parts you dispute. Gather evidence and documents. Consider whether you have a counterclaim. Seek legal advice if the sum claimed is significant.
File Your Defence (N9B) Within 28 Days
Complete Form N9B (or draft a narrative defence document) and file it at the court. Your defence must address each allegation in the particulars. Send a copy to the claimant's solicitor at the same time.
Complete the Directions Questionnaire When Sent
After defences are filed the court will send each party a Directions Questionnaire (DQ). Complete it promptly โ the court uses it to allocate the claim to a track and set directions (timetable to trial). Missing the DQ deadline can result in sanctions.
Important Deadlines
Important Warnings
A default judgment obtained against you because you did not respond can affect your credit file and lead to enforcement action (bailiffs, charging orders, attachment of earnings) โ do not ignore the claim form.
The 28-day deadline to file a defence runs from the date of service, not the date you received it โ if the claim form was posted, check the deemed service date.
Consent orders and negotiations do not extend court deadlines automatically โ if you are negotiating settlement, file a defence first and then agree a consent order or Tomlin Order to stay the proceedings.