How do I go about filing a written defence to a counterclaim?


I filed a small claim against my former landlady for return of deposit.  She filed a counterclaim in response.

There was no form included for me to file a detailed rebuttal of this counter claim, only a small "Additional Information" box on the Allocation Questionnaire.

When and how do I file a detailed written rebuttal with supporting documentation?

There were no instructions about this within the pack sent to me containing her counterclaim.

Thanks in advance.

defence to counterclaim

Hi normally a reply & defence to counterclaim must be filed within 14 days of service - i therefore suggest that you do this and return the allocation questionnaire at the same time - put in the box marked "additional information" that a reply & defence to counterclaim is attached.

As it is in the small claim court the document filed can be quite informal, although I would set out all the court case details and parties and then detail your reply and defence to counterclaim - it may be best to he4ad the document as "Reply & Defence to Counterclaim".  Hope this assists.


Profile: I am a Solicitor at Sarginsons Law LLP and specialise in employment and civil litigation matters, including contractual disputes, professional negligence claims, landlord & tenant litigation and also disputed wills and contentious probate matters. If you wish to discuss any matter further, please telephone me on 02476 553181.


Definitely.  Thanks very much.


Supplementary question:

How much attention does the Judge give these statements before the actual hearing?  Are they likely to pore over them or just skim to get a superficial idea of the facts?

I have quite a lot to cover but do not want to spend hours crafting a legal masterpiece if no one is going to read it.

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