Getting ready for court

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

If you are a homeowner, you can only be evicted if the court makes an order telling you to leave. This section explains what happens once your lender or freeholder has applied to the court to evict you.

What should I do first?

If you have had a letter from the court use our directory to find face-to-face advice services in your area. It is essential to get advice as quickly as possible about what is happening and what you can do about it. An adviser can explain what will happen in court, and can also check if there is a good reason why you shouldn't be evicted (ie if you have a defence).

Even if legal action has started, you should continue to negotiate with whoever is taking action to evict you. Your adviser may be able to help with this. The process can be stopped at any stage.

How will I know about the court date?

After the lender or freeholder applies to the court for possession, the court send you the claim form. The date of the court hearing should be written on the front of the claim form. You should have at least 21 days notice of the hearing date and, you will also receive a form called the 'particulars of claim', giving details of why the lender or freeholder wants to evict you. As soon as you get a letter from the court you should get advice.

How should I respond?

The court will also send you a reply form (a 'defence form'). This is for you to tell the court about:

your financial situation
any offers to repay the arrears
any other information that you think the judge needs to know (for example, why you missed payments).

It is important that you return the defence form to the court within 14 days. This is your opportunity to tell the court about your situation. Keep a copy of your reply. An adviser can help you to complete the form. The judge will look at both the particulars of claim and defence form before the hearing.

If it is not possible to return the defence form within 14 days then you should return it as soon as you can. Even if you do not return the defence form, it is very important that you attend the hearing, and that you speak to an adviser before going to court.

What do I need to do before the hearing?

Before the hearing, there are important first steps to take:

get advice or see a solicitor. Most county courts will have advisers on duty on the day of the hearing - this is known as a court desk scheme or duty scheme - but you shouldn't rely on this.
Complete the defence form you received from the court within 14 days of receiving it or as soon after that date as you can.
Keep negotiating with your lender or freeholder – if you can reach an agreement before the hearing, the case might not go ahead.
Try to pay your normal monthly mortgage payments and as much as you can off the arrears.
Collect together any relevant documents that you think the judge might want to see (eg pay slips, bank statements, evidence of any lump sum payments due to you which you could use to reduce or clear the arrears).
Prepare a detailed breakdown of your household income and expenditure.
Make sure you know where the court hearing is taking place and how to get there.
Prepare notes of what you want to say at the hearing.
Arrange for a friend, adviser or solicitor to come to the hearing to help you – in some circumstances, you may be able to get someone to represent you in court.

What if I need more time?

If you think you need more time to prepare for the hearing, you must still attend the hearing, but you can ask the court to reschedule the hearing to a later date. This is called an adjournment. The court will need a good reason to agree an adjournment. You might be able to adjourn the hearing if you:

have been ill and unable to prepare for court
were on holiday when the court papers arrived and you have not had much notice of the hearing
need more time to get legal advice
have had, or are likely to have a change of circumstances, which will improve or even resolve the situation.