Responding to a claim
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If someone starts court action against you, you don’t have any choice about it. You can’t refuse to take part in the case. Even if you think the case is wrong, you have to prove that to the court.
What if I get a claim form?
The 'claim form' replaced the 'summons' some years ago, although sometimes the old word is used. The claim form is the first step in a court case.
If you receive a claim form, you need to respond. Getting a claim form can be frightening, but you need to act sensibly to protect your rights. If you ignore it, the person or company bringing a claim against you – the ‘claimant’ – is more likely to be able to get a county court judgment against you, and your home may be at risk. Don’t assume that nothing can be done to sort things out – this is rarely the case.
Have a look through the claim form, and any documents served with it. Work out the following:
- Who is it from?
- What is it about?
- Is there a hearing date?
- When do you need to reply?
Getting advice and representation
It is often a good idea to get help from a specialist adviser or solicitor if someone is taking you to court. This is particularly important if your home is at risk – ie a landlord is trying to evict you or a lender is trying to repossess the property.
You should also get advice if you’re not sure whether someone is taking you to court – perhaps because you haven’t received the papers.
An advice centre or solicitor can help you understand the basics of what is happening. If you have to wait for an appointment, tell your adviser the date of any court hearing and reply date.
How should I respond?
You can usually send an ‘acknowledgment of service’, to give you more time. The form for this should come with the claim form. Even if your adviser can’t give you a proper interview immediately, s/he may help you complete this.
If you have a defence, an adviser will explain what you need to do. If you don’t have a defence, you may be able to get time to sort things out, for example time to clear rent arrears. So even if your position seems difficult, it is worth getting advice.
In a claim for an unpaid debt, the claim form will come with forms that you can fill in to explain whether you accept some or all of the debt, and to make an offer of how to repay it, or to make a defence. Read the forms and the notes carefully before completing them.
