If you (the respondent) have received a Claim Notice for money you owe, then legal court proceedings have been started against you by the claimant to recover that money, plus any associated legal costs and/or any interest included in the Claim Notice.
For more information on your options after receiving a debt claim, please see the section below.
Your Options if You Receive a Debt Claim
You have a number of legal options if you receive a debt claim. Some of the most commonly used options are listed below:
1. You can repay the debt - plus any associated legal costs and/or interest - within the number of days set out in the claim document you received. In this situation, the claimant is then responsible for discontinuing the court proceedings.
2. You can ignore the claim. In this situation, the claimant may apply for a judgment in default. This may lead to a judgment from the the court against you without the need for a court hearing. This is known as a summary judgment. For more information on summary judgments, please see our Summary Judgments page. This judgment can be enforced against you through a variety of legal methods to recover the outstanding debt and legal costs. For more information on enforcement, please see our Enforcement of Debt Judgments page.
3. You can defend the claim in court if you believe that you have a valid defence. To do this, you must serve and submit the necessary replying documents within the number of days stated in the claim document. For more information on the steps involved in defending a debt claim, please see the section below.
All information provided is for guidance only. Before making a decision on how to proceed, you may wish to check relevant legislation and court rules to ensure your understanding of the process is correct. You can also find links below to information about legal advice and mediation, and other support services that may help you with your debt matters.
More information on available legal and mediation services
More information on financial support services
The Steps Involved in Defending a Debt Claim
The information below is specific to each court jurisdiction. Depending on the jurisdiction in which you are defending a claim, please click on the relevant tab.
Serve an Appearance and Defence Form
In order to defend a debt claim, you, the respondent, must first complete, submit, and serve an Appearance and Defence form.
Make a Counterclaim (Optional)
If you dispute the claim being made against you, you may decide to make your own claim against the claimant. This is known as a counterclaim.
Case Proceeds to Court
After submitting a counterclaim, you can apply to the court office to have your case heard before a judge, if the claimant has not already done so.
Serve an Entry of Appearance Form and a Defence Form
In order to defend a debt claim, you, the respondent, must first complete, submit, and serve an Entry of Appearance form. You must then submit and serve a Defence form.
Make a Counterclaim (Optional)
If you dispute the claim being made against you, you may decide to make your own claim against the claimant. This is known as a counterclaim.
Case Proceeds to Court
After submitting a counterclaim, you can apply to the court office to have your case heard before a judge, if the claimant has not already done so.
Serve a Memorandum of Appearance Form
In order to defend a debt claim, you, the respondent, must first complete, submit, and serve a Memorandum of Appearance form.
Case Proceeds to Court
After submitting and serving a Memorandum of Appearance, the claimant can apply to have the case listed for court.
