Recover debt through Court

The defendant is allowed 14 days from the deemed date of service of the claim to reply to the claim. However, if the defendant acknowledges service of the claim they can have an extra 14 days. The maximum is 28 days.

On receipt of the court claim the defendant may:

• do nothing
• pay the amount claimed
• admit the claim and make a written application about payment
• acknowledge service and have a 14 day extension to file a defence
• admit the claim and attend court to make an application about payment
• defend part of the claim, admit part of the claim and pay the admitted part
• defend part of the claim, admit part of the claim and ask for time to pay the admitted part
• issue a counterclaim

If the defendant chooses to defend the claim the defence will be sent to you along with an allocation questionnaire for you to complete. You will usually be given 14 days to return the questionnaire.

Be aware that the defendant may file a counterclaim against you. If they do, you will be able to file a defence to the counterclaim and submit it to the court at the same time as returning the allocation questionnaire. See what happens if your debt claim is contested.

Sometimes the judge may deal with the case without a hearing, using written evidence. For example, if you have no chance of successfully winning the claim, or there are no reasonable grounds for you bringing the claim, it may be dismissed without a hearing.

What to do if no defence is entered

If the debtor does not defend the case, you can apply for a judgment from the court at the end of the permitted time. If you issued the claim online you will be able to enter a judgment online. Usually there will be no hearing and a judgment will be made in your favour.