A county court claim for a debt: how to respond
By Matthew Adeola, founder of Docketory. Law (Honours) graduate who has represented himself in civil proceedings, CCJ removal, and consumer disputes. Not a solicitor.
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Related service: County Court Claim Defence
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The short answer
For anyone in England and Wales with a county court claim form for a debt. You have 14 days from the day of service to respond, or 28 days to file a defence if you acknowledge service in time. Docketory drafts the defence and the witness statement for you to file; it does not file anything at court or speak for you at a hearing.
A county court claim form is a court case, not a demand letter, and its dates run whether or not you owe the debt. You have 14 days from the day of service to respond, or 28 days to file a defence if you acknowledge service first. Miss both, and the claimant can ask for a judgment without a trial. This guide covers England and Wales.
If the claimant is a parking company, read A parking company has taken you to court as well, and check your ticket free first. If a judgment has already been entered, getting a county court judgment set aside picks up there.
What is a county court claim form?
It is the document that starts a court case for money: a claim form, with particulars of claim saying what is claimed and why (CPR 7.2). It reaches you with a response pack, the forms to admit the claim, defend it, or acknowledge service (CPR 7.8).
The form is not a judgment. Nothing has been decided, and nothing reaches the register until a judgment is entered: by default if the form goes unanswered, on an admission, or after a hearing you lose. GOV.UK says to respond by the date on the letter or email, or you might have to pay more or get a county court judgment.
Should the claimant have written to me first?
Usually, yes. Under the Pre-Action Protocol for Debt Claims, a business claiming a debt from an individual should first send a letter of claim, with 30 days to reply. A claim issued without one still stands: the court can pause it while the steps are taken, but that does not cancel the debt. Whether the steps were followed is part of what County Court Claim Defence reviews.
How long do I have to respond?
Fourteen days from the day the particulars of claim are served (CPR 10.3 and 15.4). Acknowledge service within those 14 days, and the defence is due 28 days after service. The day of service is a date the rules fix, not the day you opened the envelope, so working the two dates out from your form is the first thing County Court Claim Defence does.
What happens if I do nothing?
The claimant can ask for a default judgment, entered without a trial (CPR 12.3). That is a county court judgment (CCJ): six years on the register lenders check, unless paid in full within one month. Undoing one takes an application, a court fee of £321, and a hearing: getting a county court judgment set aside picks up there.
What does the small claims track mean?
That a claim of £10,000 or less is heard the simple way (CPR 26.9): an informal hearing, with costs capped so that the loser does not pay the other side's solicitors' bill (CPR 27.14). A defended claim for a fixed sum in that range is referred to the free Small Claims Mediation Service, by phone, before any hearing (Practice Direction 51ZE).
What to do next
Note the day of service and the 14 days that follow it, keep the claim form and every letter about the debt, and do not ignore the form. For a parking claim, check your ticket free first.
For any other debt claim, County Court Claim Defence reviews the claim and drafts the defence, ready for you to file, from £49. The witness statement, bundle, and chronology follow at £79 once the defence is in. Docketory does not file anything at court or speak for anyone at a hearing. It does not fit a hearing that is days away: then use a solicitor, or Citizens Advice.
Sources
- Civil Procedure Rules, Part 7
- Civil Procedure Rules, Part 10
- Civil Procedure Rules, Part 12
- Civil Procedure Rules, Part 15
- Civil Procedure Rules, Part 26
- Civil Procedure Rules, Part 27
- Practice Direction 51ZE, Small Claims Track Automatic Referral to Mediation Pilot Scheme
- Pre-Action Protocol for Debt Claims (PDF)
- Practice Direction, Pre-Action Conduct and Protocols
- Register of Judgments, Orders and Fines Regulations 2005, regulation 11
- GOV.UK: Respond to a court claim for money
- GOV.UK: Resolve the claim through mediation
- GOV.UK: County court judgments for debt
- GOV.UK: CCJs and your credit rating
- GOV.UK: Civil court fees (EX50)
Docketory publishes general information based on real disputes. Identifying details are changed and patterns from multiple cases may be combined. This is not legal advice. For advice on your specific situation, contact a solicitor or Citizens Advice.
Related on Docketory:
More guides on this topic
A parking company has taken you to court: what to do, and by when
A county court claim from a parking company starts deadlines that run whether or not you agree with the charge, so this is what to do, and by when.