Defend a Claim: The Complete Guide for Defendants

Being served with a court claim is unsettling, but it isn't a decision that's already been made against you — it's the start of a process with real options at every stage. This page lays out that entire process so you can see the shape of it before diving into any one step.

The first 24 hours after being served

Do three things as soon as possible after you're served, before anything else:

1. Read the claim carefully — who's suing you, how much, and why, plus the court location and file number.
2. Confirm your exact deadline to respond. This is the single most important date in the entire process — see defendant deadlines below.
3. Decide, in broad terms, how you want to respond — agree, dispute, or something in between. See your options below.

None of this requires a final decision immediately — it just means you're not losing time you don't have. It's normal to feel like you need to figure everything out at once; you don't. Confirming your deadline and forming a rough initial direction is enough for day one — the detailed work of gathering evidence and drafting a Defence can follow over the days after.

The full defendant's path, step by step

1. Understand what's actually being claimed. Break the claim into the principal amount, any interest, and the particulars — see how to respond to a claim.
2. Gather your evidence. Contracts, communications, receipts, and anything else supporting your account.
3. Write and file your Defence. Respond to each allegation specifically — see preparing a strong Defence.
4. Consider a Defendant's Claim if you believe the plaintiff (or someone else) owes you money related to the same dispute — see Defendant's Claims below.
5. Serve your Defence on the plaintiff, following similar rules to those used to serve you.
6. Attend the settlement conference. A required, informal step where many cases resolve — see settlement conferences.
7. Prepare for and attend trial if the case doesn't settle — see preparing for trial and what happens at a trial.

Your options once you understand the claim

Once you've read the claim carefully, you generally fall into one of a few situations, and each calls for a different response:

• You agree you owe some or all of it. You can resolve this directly with the plaintiff, in part or in full, at any point — settling doesn't require the court.
• You dispute the whole claim. You'll need to explain why in a Defence, specifically and with supporting evidence where possible.
• You dispute part of it. Your Defence can admit part of a claim while disputing the rest — this is common and doesn't weaken your position.
• You believe the other side owes you too. A Defendant's Claim may let you raise that within the same case, instead of starting a separate one.

Whichever applies, doing nothing is rarely the right answer — see default judgments for what happens if you simply let the deadline pass. It's also fine for your position to evolve over time: many people file a Defence to protect their deadline, then continue negotiating with the plaintiff in parallel. Filing a Defence and trying to settle are not mutually exclusive, and doing both keeps every option open.

Defendant's Claims: suing back in the same case

If you believe the plaintiff — or someone else connected to the dispute who isn't yet part of the case — owes you money related to the same underlying situation, you may be able to file a Defendant's Claim alongside your Defence. This effectively lets you bring your own claim within the plaintiff's case, rather than starting an entirely separate proceeding.

A common scenario: a contractor sues you for an unpaid final invoice, and you believe their own defective work caused you additional costs to fix. Rather than opening a second case, raising this as a Defendant's Claim lets both sides of the dispute get resolved together, in front of the same judge, at the same time.

It's generally more straightforward to raise a Defendant's Claim at the same time as your Defence than to add one later, so it's worth thinking through early — even if you ultimately decide it doesn't apply to your situation.

A Defendant's Claim needs the same basic ingredients as any other claim — a specific, documented amount, and a clear account of what the other side did or failed to do. See do I have a claim? for the same self-assessment framework, applied from the defendant's side this time.

Defendant deadlines

The claim you were served with states a specific deadline for filing your Defence, and it is generally strict — missing it can allow the plaintiff to ask the court for a default judgment without a trial. Confirm your exact deadline the day you're served, since it depends on how and where you were served, and don't assume you have more time than you actually do.

If you genuinely need more time, options may exist — agreeing to an extension with the plaintiff directly, or asking the court — but treat these as exceptions to request, not something to assume you'll be granted. For an informational estimate of timing, see the filing deadline calculator.

Default judgments

If you miss your deadline and don't file a Defence, the plaintiff can generally ask the court for a default judgment — a decision made against you without a trial, based only on the plaintiff's side of the story. Once granted, undoing a default judgment is considerably harder than responding on time would have been, and the plaintiff may be able to move toward enforcing it.

If a default judgment has already been made against you, limited options may still exist depending on your specific circumstances — for example, if you can show you were never properly served. Act quickly if this applies to you rather than assuming nothing can be done.

Unusual situations worth flagging early

• You think you were named incorrectly. Say so specifically in your Defence — for example, if you were sued personally for a debt actually owed by your corporation. Ignoring the claim on this basis can still lead to a default judgment against the name on the claim, so raise the issue actively rather than assuming it will resolve itself.
• You weren't properly served. This is a technical issue with specific rules — don't assume a claim is automatically invalid, and don't let a dispute over service cause you to miss taking any action at all while the question gets sorted out.
• More than one defendant is named. Confirm whether you're each expected to respond individually, and coordinate where it makes sense — but don't assume someone else's response covers you, since each named defendant generally needs to respond in their own right.
• You're being sued as a business. Confirm who is authorized to represent the business in this case, since that can differ from who would represent an individual.
• The claim involves an insurance policy you hold. If you have relevant insurance coverage, it's worth checking whether it applies to the dispute before you get too far into preparing your own Defence — some policies require prompt notification to preserve coverage.

Defending as a business vs. an individual

The basic process is the same, but a few details differ if you're defending on behalf of a business. Confirm exactly which legal entity was actually named in the claim — an individual, a sole proprietorship, a partnership, or a corporation — since your response may need to address whether that's even the correct defendant. If the plaintiff sued you personally for something that was actually a corporate obligation, or vice versa, say so specifically in your Defence rather than ignoring the claim on that basis alone.

Representation can also work differently — a corporation may need to be represented by a director, officer, employee, or a lawyer or paralegal, rather than any employee who happens to be available. Confirm who is actually authorized to appear and speak on the business's behalf before your first court date.

Understanding what's actually being claimed

Before deciding how to respond, break the claim down into its parts rather than reacting to the total dollar amount alone. Look for the principal amount being claimed, any interest claimed on top of it, any costs the plaintiff is asking you to cover, and the particulars — the plaintiff's written explanation of what happened and why they say you're responsible.

Read the particulars line by line. If anything is factually wrong — a date, an amount, who was actually involved — that's worth addressing specifically in your Defence rather than issuing a single general denial. A Defence that responds to the actual substance of what was alleged is far more effective than one that simply states disagreement.

What defending a claim actually costs

Filing a Defence generally involves its own court fee, separate from what the plaintiff paid to file the claim — see filing fees for the current schedule, or the court fee calculator for a fuller estimate. Beyond that, factor in your own time, any costs of gathering evidence, and — if the case proceeds further — potential trial-related fees. Weigh this against the amount actually being claimed against you when deciding how to approach your defence.

A realistic timeline

Once you respond, timelines depend heavily on whether the case settles early, goes through a full settlement conference, or proceeds to trial. A case that resolves through direct negotiation shortly after your Defence is filed can conclude in weeks. A fully contested case can take considerably longer, often many months, depending on court scheduling. Build in realistic expectations rather than assuming a fast resolution either way.

One thing within your control throughout: never be the reason for a delay. Filing your Defence promptly, responding to scheduling requests quickly, and preparing evidence well before deadlines rather than at the last minute all keep your case moving at whatever pace the court process allows, rather than adding avoidable delay on top of it.

Negotiating with the plaintiff directly

Filing a Defence and negotiating a resolution aren't mutually exclusive — many people do both at once. Filing protects your position and your deadline; talking to the plaintiff in parallel costs nothing and sometimes resolves the matter well before a settlement conference is even scheduled. If you're genuinely willing to pay something, deciding that number for yourself in advance — rather than negotiating against yourself in the moment — puts you in a stronger position.

If you do reach an agreement directly with the plaintiff, get it in writing, including the amount, any payment schedule, and what happens if a payment is missed. A verbal understanding with nothing in writing is far easier to dispute later than a short, signed agreement.

Terms you'll run into along the way

A handful of terms come up repeatedly through this process. Knowing them upfront makes every guide on this site easier to follow.

• Plaintiff. The person or business that started the claim against you.
• Defendant. You — the person or business being sued.
• Particulars. The plaintiff's written account of what happened, included in the claim.
• Service. Formally delivering court documents in a way the court's rules accept — this is how you were notified, and how you'll need to notify the plaintiff of your Defence.
• Defence. Your formal written response to the claim.
• Defendant's Claim. A claim you bring against the plaintiff (or someone else) within the same case.
• Settlement conference. A required, informal meeting before trial aimed at resolving the case.
• Default judgment. A decision made against you because you didn't respond in time.
• Judgment. The court's final decision on the case.

A defendant's checklist

• I've read the claim carefully and confirmed my exact deadline.
• I've decided, broadly, whether I agree, disagree, or partially agree.
• I've gathered documents and communications supporting my position.
• I've considered whether a Defendant's Claim applies to my situation.
• I've drafted a Defence that responds to each specific allegation.
• I have a plan to file and serve my Defence on time.

Common mistakes across the whole process

• Ignoring the claim hoping it goes away — it doesn't, and a default judgment can follow.
• Missing the deadline because you assumed you had more time.
• Filing a vague Defence that doesn't respond to specific allegations.
• Not considering a Defendant's Claim when the dispute genuinely goes both ways.
• Waiting to gather evidence until right before a settlement conference or trial.

Frequently asked questions