The respondent makes a counterclaim
If the respondent does not agree with your claim and makes a claim against you, this is known as a counterclaim. They must set out their reason(s) for doing so in the Notice of Dispute.
The respondent returns the Notice of Dispute form to the small claims registrar who will send it to you and ask for your response. If you do not agree with the counterclaim, you should let the small claims registrar know in writing (letter or email). The small claims registrar will speak to you and the respondent to try and settle the case to avoid going to court.
If a counterclaim is made, there are two potential outcomes:
Your claim is settled
Once the respondent has disputed your claim and made a counterclaim, the small claims registrar will send it to you and ask for your response. The small claims registrar will speak to both sides to try and come to an agreement and settle the case to avoid going to court.
A settlement may include:
- The payment of an agreed sum.
- The payment of an agreed sum in instalments or.
- The repair or replacement of a good or service.
When a settlement is agreed and payment has been made in full or the goods or service repaired or replaced, the small claims registrar will mark the case as settled and closed.
Your claim goes to court
If the small claims registrar is not able to settle the claim between both sides the case will be listed for court. It will be heard before a judge in the District Civil Court. Both sides will receive a Notice of Hearing in the post which includes the date, time and where the case will be heard. The judge cannot award costs or witness expenses in a small claims case.
Going to court can be a stressful experience, please see our preparing for Civil Law court pages for more information on how to prepare.