Form N9B Defence and Counterclaim: Complete Guide

Q: How long do I have to file my defence?

You have 14 days from service of the claim to file your defence. If you first file an acknowledgment of service, this extends to 28 days from service. The parties can agree to extend by a further 28 days without the court’s permission. Beyond that, you need a court order.

Q: What is the difference between a defence and a counterclaim?

A defence responds to the claimant’s claim — it explains why you do not owe the money (or do not owe the full amount). A counterclaim is your own claim against the claimant — it asserts that the claimant owes you money. You can file a defence without a counterclaim, but you cannot file a counterclaim without also responding to the original claim.

Form N9B: How to File a Defence and Counterclaim for a Specified Money Claim (2026 Guide)

You have received a court claim for a specified sum of money. Perhaps it is a debt you dispute, an invoice you believe is wrong, or a sum you have already paid. Whatever the circumstances, doing nothing is not an option. If you fail to respond within the deadline, the claimant can apply for default judgment — and a County Court Judgment (CCJ) will be entered against you without a hearing and without any opportunity to put your side of the story.

Form N9B is the form you use to defend a specified money claim. It is part of the court’s Response Pack, sent to every defendant when a claim is served. If the claimant owes you money too — arising from the same dispute or a related matter — Form N9B also allows you to file a counterclaim, turning the tables so that both sides’ claims are dealt with together in a single set of proceedings.

This guide explains what Form N9B is, when you need it, how to complete each section correctly, the deadlines you must meet, what happens after you file, and the mistakes that can undermine your defence before it even reaches a judge.

Download Form N9B

Form N9B (Defence and Counterclaim — Specified Amount) is part of the N9 Response Pack, available from HMCTS:

Download Form N9B from GOV.UK (N9 Response Pack) — Defence and Counterclaim form for specified money claims (PDF)

The Response Pack contains several forms. N9B is specifically for defending a specified money claim (a claim for a precise sum, such as “the defendant owes £4,500”). If the claimant is seeking an unspecified amount (damages to be assessed), the equivalent form is N9D. If you wish to admit the claim in full or in part and propose payment terms, that is done on Form N9A.

What Is Form N9B?

Form N9B serves two purposes:

Filing a defence — setting out your reasons for disputing the claim, in full or in part
Filing a counterclaim — making your own claim against the claimant, arising from the same or a related matter

You can use the form to do either or both. You can defend the claim without counterclaiming, or you can defend and counterclaim together. What you cannot do is ignore it.

The defence is governed by CPR Part 15 (Defence and Reply). The counterclaim is governed by CPR Part 20 (Counterclaims and Other Additional Claims). Together, they form the bedrock of a defendant’s response to civil proceedings.

When Do You Need Form N9B?

You need Form N9B when all of the following are true:

You have been served with a specified money claim — a claim for a precise sum of money
You wish to dispute the claim, either in full or in part
You optionally wish to make a counterclaim against the claimant

Scenario 1: “I Don’t Owe This Money”

You deny the debt entirely. Perhaps you never entered into the contract, or you did but the goods or services were defective, or the claimant has the wrong person, or the debt has already been paid. You complete the defence section of N9B setting out why the claim should fail.

Scenario 2: “I Owe Some But Not All”

You accept that you owe part of the amount claimed but dispute the rest. For example, you ordered goods worth £3,000 but half were damaged on arrival, so you say you owe £1,500, not £3,000. You can admit the undisputed amount (using Form N9A for the admission element) and defend the balance on N9B. Alternatively, you can set out a partial defence on N9B explaining the full position.

Scenario 3: “The Claimant Actually Owes Me”

Not only do you deny the claim, but you believe the claimant owes you money. Perhaps you paid for services that were never delivered, or their breach of contract caused you losses. You file a defence and a counterclaim on the same form, so the court deals with both claims together.

Scenario 4: “I Owe It But They Owe Me More”

You accept the debt but have a cross-claim that exceeds the original amount. You may admit the claim and file a counterclaim, or defend on the basis of set-off — arguing that the claimant’s debt to you should be set against your debt to them, reducing or eliminating it entirely.

The Deadline — 14 Days or 28 Days

The deadline for filing your defence is strict and non-negotiable:

14 days from the date of service of the claim form — if you file your defence directly without first acknowledging service
28 days from the date of service — if you first file an acknowledgment of service (Form N9), which buys you an additional 14 days

If the claim was issued through the Online Civil Money Claims (OCMC) service, the deadline runs from the date you are notified of the claim online.

What happens if you miss the deadline: The claimant can apply for default judgment using Form N225. Once default judgment is entered, a CCJ is recorded against you on the Register of Judgments, Orders and Fines. It will affect your credit rating for six years. You can apply to set it aside using Form N244, but there is no guarantee the court will grant the application, and delay makes it harder.

Always acknowledge service immediately. Filing an acknowledgment of service costs nothing and doubles your time. There is no tactical downside. Even if you think you can prepare your defence within 14 days, filing the acknowledgment gives you a safety net.

Extending the Deadline

If 28 days is still not enough, you can ask the claimant to agree to an extension. Under CPR r.15.5, the parties can agree to extend the time for filing a defence by up to a further 28 days without the court’s permission. Any longer requires a court order. Get any agreement in writing and file it with the court.

The Court Fee

There is no court fee for filing a defence. Defending a claim is free. The court does not charge you to respond to proceedings that someone else has brought against you.

Counterclaim Fees

If you are filing a counterclaim, there is a court fee. The counterclaim fee follows the same schedule as the fee for issuing a claim. The amount depends on the value of your counterclaim:

Counterclaim Value	Fee
Up to £300	£35
£300.01 to £500	£50
£500.01 to £1,000	£70
£1,000.01 to £1,500	£80
£1,500.01 to £3,000	£115
£3,000.01 to £5,000	£205
£5,000.01 to £10,000	£455
£10,000.01 to £200,000	5% of the value
Over £200,000	£10,000

If you cannot afford the counterclaim fee, you may qualify for fee remission. Apply through the Help with Fees online service or by completing Form EX160 on paper. Fee remission can reduce or eliminate the fee entirely depending on your income and savings.

Step-by-Step Guide to Completing Form N9B

Section 1: Case Details

Enter the details at the top of the form:

Claim number — the reference number assigned to the claim (e.g., A12YX345). This appears on the claim form and all court correspondence
Claimant’s name — exactly as stated on the claim form. Do not abbreviate or alter the name
Defendant’s name — your name, exactly as it appears on the claim form. If the claimant has misspelled your name, use the name as stated and raise the issue in your defence if relevant

Section 2: How Much of the Claim Do You Dispute?

This is the threshold question. You must indicate whether you:

Dispute the full amount claimed — you deny the entire claim
Dispute only part of the amount claimed — you accept some of the debt but not all of it

If you dispute only part, state clearly how much you admit owing. The court may enter judgment for the admitted amount while the disputed balance proceeds to a hearing. Be precise about the figures — vagueness creates confusion and weakens your position.

Section 3: Your Defence — Why You Dispute the Claim

This is the most important section of the form. Your defence must set out:

Which allegations in the claim you deny — and your reasons for denying them
Which allegations you are unable to admit or deny — and why (for example, because you have not seen certain documents)
Which allegations you admit — if any
Your version of events — what actually happened, in your account
Any positive case you wish to advance — set-off, limitation, estoppel, or any other legal basis for defeating the claim

Under CPR r.16.5, the defendant must state which allegations are denied, which are admitted, and which the defendant is unable to admit or deny but requires the claimant to prove. If you fail to deal with an allegation specifically, the court may treat it as admitted.

The golden rule: Deal with every allegation in the particulars of claim. Go through the claim paragraph by paragraph and respond to each one. Do not assume that a general denial is sufficient — the court expects specificity.

Common Defences to Specified Money Claims

Debt already paid — provide evidence of payment (bank statements, receipts, confirmation emails)
No contract existed — you never agreed to pay the amount claimed
Breach of contract by the claimant — the claimant failed to deliver goods or services as agreed, so you were entitled to withhold payment or seek a reduction
Defective goods or services — you received goods or services that were not of satisfactory quality, not fit for purpose, or not as described under the Consumer Rights Act 2015
Limitation — the claim is out of time (six years for simple contract debts under the Limitation Act 1980)
Set-off — you owe the money but the claimant also owes you money, and the two debts should be netted against each other
Wrong defendant — the claim has been brought against the wrong person or entity
Dispute about the amount — you accept the debt in principle but disagree with the calculation, the interest claimed, or additional charges

If the space on the form is not sufficient, you can attach your defence on a separate sheet. Head the sheet with the claim number, the names of the parties, and the words “Defence” (and “Counterclaim” if applicable). This is common for anything beyond a straightforward debt dispute.

Section 4: The Counterclaim (If Applicable)

If you are making a counterclaim, set out:

The facts giving rise to your counterclaim — what happened and why the claimant owes you money
The legal basis — breach of contract, negligence, statutory rights, or other cause of action
The amount you are claiming — be specific. State the precise sum or, if it needs assessment, explain the basis for calculation
Interest — if you are claiming interest on your counterclaim, state the rate, the statutory basis (Section 69 County Courts Act 1984 for statutory interest at 8%, or the Late Payment of Commercial Debts Act 1998 for business debts), and the date from which interest accrues

A counterclaim is treated as if it were a separate claim. The claimant becomes both a claimant on their original claim and a defendant on your counterclaim. They must file a defence to your counterclaim (a “defence to counterclaim”) within 14 days of service.

Under CPR Part 20, a counterclaim filed at the same time as the defence does not require the court’s permission. If you want to file a counterclaim later — after the defence — you will need the court’s permission, which requires an application using Form N244.

Section 5: Set-Off

If your counterclaim is connected to the original claim and you wish to use it as a defence, state that you seek to set off the counterclaim against the claim. A set-off operates as a defence — it reduces or extinguishes the claimant’s claim rather than creating a separate claim for you to enforce independently.

For example, if the claimant claims £5,000 for goods delivered and you counterclaim £3,000 because half the goods were defective, you can argue that the net amount owed is £2,000 (or nothing, depending on the facts). The court deals with both sides of the equation together.

Section 6: Mediation

The form asks whether you would be willing to try mediation or another form of alternative dispute resolution (ADR) before the case goes to a hearing. Courts actively encourage settlement. Under the principles established in Churchill v Merthyr Tydfil CBC [2023], courts have the power to order parties to engage in ADR.

For claims allocated to the small claims track (up to £10,000), mediation through the Small Claims Mediation Service is now mandatory for money claims under Practice Direction 51ZE. For fast track and multi-track claims, mediation is strongly encouraged but voluntary.

Always agree to mediation. Refusing without good reason can result in costs sanctions — even if you successfully defend the claim. The court may penalise a winning party who unreasonably refused mediation by denying them some or all of their costs.

Section 7: Statement of Truth

Sign and date the statement of truth. This confirms that the facts stated in your defence (and counterclaim, if applicable) are true. A false statement verified by a statement of truth can constitute contempt of court.

Do not sign the form until you are satisfied that every detail is accurate. Once signed and filed, your defence sets the parameters of your case. Changing your position later requires the court’s permission and can damage your credibility.

Preparing Your Defence — Practical Guidance

Read the Claim Form Carefully

Before you write a single word on N9B, read the entire claim form and the particulars of claim from start to finish. Twice. Identify every factual allegation the claimant makes. Note which ones you accept, which you deny, and which you cannot comment on.

Gather Your Evidence

Collect every document that supports your defence:

Contracts, terms and conditions, purchase orders
Invoices, receipts, proof of payment (bank statements showing transfers)
Correspondence — emails, letters, text messages between you and the claimant
Photographs of defective goods, incomplete work, or damaged property
Expert reports if the dispute involves technical quality (building work, vehicle repairs)
Witness statements from anyone who can support your account

You do not need to file all your evidence with the defence. At this stage, the defence itself is the key document. Evidence exchange comes later, after the court issues directions. But having your evidence organised early strengthens your drafting and ensures your defence is consistent with what you can prove.

Be Specific, Not Emotional

A defence is a legal document, not a letter of complaint. The court does not need to know how angry you are or how unfairly you feel you have been treated. What the court needs is:

A clear response to each allegation
Your version of the relevant facts
The legal basis for your defence
Precise figures if the dispute is about quantum (the amount)

Write in a structured, factual manner. Use numbered paragraphs. Cross-reference to the claimant’s particulars of claim where appropriate (“In response to paragraph 4 of the Particulars of Claim…”). The court values clarity above all else.

What Happens After You File

The Claim Is Defended — No Default Judgment

Once your defence is filed, the claimant can no longer apply for default judgment. The court records that the claim is defended, and the case proceeds to the next stage.

The Court Sends Directions Questionnaires

After a defence is filed, the court sends both parties a directions questionnaire — Form N180 for claims likely to be allocated to the small claims track, or Form N181 for fast track and multi-track claims. The questionnaire gathers information about mediation willingness, witnesses, expert evidence, and trial preferences.

Track Allocation

Based on the claim value and the information in the directions questionnaires, the court allocates the case to one of three tracks:

Small claims track — claims up to £10,000. Informal hearing, limited costs recovery. Mandatory mediation for money claims under £10,000
Fast track — claims between £10,001 and £25,000. Standard timetable of approximately 30 weeks to trial. One-day trial
Multi-track — claims over £25,000. Full case management, potentially multi-day trial, detailed costs budgeting

If you filed a counterclaim, the total value of the combined claims may affect track allocation. A £5,000 claim with a £6,000 counterclaim involves £11,000 in dispute — potentially pushing the case above the small claims threshold.

The Claimant Must Respond to Your Counterclaim

If you filed a counterclaim, the claimant has 14 days from service to file a defence to your counterclaim. If they fail to do so, you can apply for default judgment on the counterclaim — using the same Form N225 process the claimant could have used against you.

Case Management and Trial

The court issues directions setting out the procedural timetable — deadlines for disclosure of documents, exchange of witness statements, expert evidence (if permitted), and a trial date or trial window. About 8 to 10 weeks before trial, the court sends a Pre-Trial Checklist (Form N170) confirming readiness.

Defending an OCMC Claim

If the claim was issued through the Online Civil Money Claims (OCMC) service, you may be able to file your defence online through the same system. OCMC provides a structured interface for entering your response, selecting whether you dispute all or part of the claim, and indicating your willingness to mediate.

If you file online, the system guides you through each section. However, the online form may not provide sufficient space for complex defences. In that case, you can file a paper Form N9B by post to the County Court Money Claims Centre (CCMCC) in Salford, attaching a separate document setting out your full defence.

Common Mistakes on Form N9B

Missing the deadline — the single most damaging mistake. If you do not file within 14 days (or 28 days with acknowledgment of service), the claimant gets default judgment. Always file an acknowledgment of service immediately to buy time
General denials without specifics — writing “I deny the claim” without addressing each allegation is not a valid defence under CPR r.16.5. The court may treat unaddressed allegations as admitted
Failing to state which allegations are denied, admitted, or not admitted — every allegation must be dealt with. Silence is treated as admission
Emotional language — writing about how the claimant is dishonest, unreasonable, or unfair. The court needs facts and legal arguments, not opinions about character
Not supporting denials with reasons — if you deny an allegation, you must say why. “I deny paragraph 3” is insufficient. “I deny paragraph 3 because the goods delivered on 15 March 2025 were not as described — they were Grade B, not Grade A as contracted” is a defence
Forgetting to address interest — if the claimant claims interest, respond to it. If you believe the rate is wrong or the interest period is miscalculated, say so specifically
Not paying the counterclaim fee — if you file a counterclaim, the court fee must be paid (or a fee remission application submitted) at the same time. The court will not process a counterclaim without the fee
Filing a counterclaim without a proper defence — the counterclaim does not substitute for a defence to the original claim. You must defend the claim and advance the counterclaim
Unsigned statement of truth — an unsigned form is invalid and will be returned. This wastes time you may not have
Wrong form — using N9B for an unspecified amount claim (use N9D instead), or using N9B when you want to admit the claim (use N9A)

Frequently Asked Questions

Is there a court fee for filing a defence?

No. Filing a defence on Form N9B is completely free. There is no court fee for defending a claim. However, if you include a counterclaim, there is a fee for the counterclaim element, calculated on the same scale as claim issue fees. If you cannot afford the counterclaim fee, apply for fee remission through the Help with Fees online service or by completing Form EX160.

How long do I have to file my defence?

You have 14 days from service of the claim to file your defence. If you first file an acknowledgment of service, this extends to 28 days from service. The parties can agree to extend by a further 28 days without the court’s permission. Beyond that, you need a court order.

Can I file a defence and admit part of the claim?

Yes. You can admit part of the amount claimed and defend the rest. State clearly on the form how much you admit and how much you dispute. The court may enter judgment for the admitted amount while the disputed balance continues to a hearing.

What is the difference between a defence and a counterclaim?

A defence responds to the claimant’s claim — it explains why you do not owe the money (or do not owe the full amount). A counterclaim is your own claim against the claimant — it asserts that the claimant owes you money. You can file a defence without a counterclaim, but you cannot file a counterclaim without also responding to the original claim.

Do I need the court’s permission to counterclaim?

No — not if you file the counterclaim at the same time as your defence. Under CPR Part 20, a counterclaim filed with the defence does not require permission. If you want to file a counterclaim after the defence has already been submitted, you will need the court’s permission by making an application on Form N244.

What happens if I miss the deadline?

The claimant can apply for default judgment using Form N225. A CCJ will be entered against you, recorded on the Register of Judgments, and visible on your credit file for six years. You can apply to set it aside using Form N244, but you will need to show you acted promptly and have a real prospect of defending the claim.

Can I file my defence online?

If the claim was issued through OCMC, you may be able to respond online through the same system. Otherwise, complete the paper Form N9B and send it to the court whose address appears on the claim form or the covering letter.

What if the claim form is served on me and I do nothing?

If you do not file a defence, an acknowledgment of service, or an admission, the claimant can apply for default judgment. The court must enter judgment against you if the conditions are met. Once a CCJ is entered, it goes on your credit file, and the claimant can use enforcement methods to collect the money — including bailiffs, attachment of earnings, or freezing your bank account.

What is a set-off?

A set-off is a defence where you argue that the claimant owes you money too, and the two debts should be offset against each other. If the claimant sues you for £5,000 and you have a valid cross-claim of £3,000, the net amount in dispute is £2,000. A set-off can reduce or completely extinguish the claimant’s claim. It arises from the same transaction or closely connected transactions.

Should I always agree to mediation?

Yes. Refusing mediation without a compelling reason can result in costs sanctions — even if you successfully defend the claim. The court expects both parties to engage constructively in settlement discussions. For small claims under £10,000, mediation through the Small Claims Mediation Service is mandatory.

Key Points to Remember

File an acknowledgment of service immediately — it doubles your time from 14 days to 28 days, costs nothing, and has no tactical downside.
There is no court fee for filing a defence — defending a claim is free. Counterclaim fees follow the claim issue fee schedule.
Address every allegation in the claim — under CPR r.16.5, any allegation you do not specifically deny may be treated as admitted.
Be specific and factual — numbered paragraphs, clear reasons for each denial, precise figures. The court values clarity over emotion.
A counterclaim filed with the defence does not require permission — but a late counterclaim requires an application on Form N244.
Always agree to mediation — refusing invites costs sanctions even if you win. For small claims, mediation is mandatory.
Missing the deadline means default judgment — a CCJ on your credit file for six years, enforceable by bailiffs, earnings attachment, or bank account freezes.
Sign the statement of truth — an unsigned form is invalid and will be returned, wasting precious time.

How to Use Chris to Complete Form N9B

Preparing a defence that addresses every allegation, states your case clearly, and complies with CPR requirements is not trivial — especially when you are under time pressure and dealing with the stress of being sued. Chris can guide you through the process step by step.

Open Chris at eLitigant — start a new session and select “claims” or “drafting” mode depending on the stage of your case
Upload your case documents — the claim form you received, the particulars of claim, any evidence from both sides (contracts, invoices, correspondence, payment records)
Paste the form sections into Chris — work through each section of Form N9B, pasting the questions and asking Chris to help you draft answers specific to your situation
Chris drafts answers tailored to your case — addressing each allegation, structuring your defence in numbered paragraphs, identifying relevant legal grounds, and calculating any counterclaim figures
Transfer to your own form for signing and submission — copy the drafted text onto the official Form N9B (or your own attached defence document), sign the statement of truth, and file with the court

Chris does not file documents on your behalf. You retain full control over what goes on the form and what is submitted to the court. Chris helps you draft — you decide, you sign, you file.

Start for £3 — Upgrade As Your Case Develops

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Related Guides

This guide was last updated in February 2026 and reflects the law and procedure in England and Wales. Court rules and fees can change — always verify current information on the HMCTS website. Contains public sector information licensed under the Open Government Licence v3.0.