Slugging it out in court
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Slugging it out in court book
Many debtors will pay up on a small claim rather than face the hassle of filing a defence and appearing in court. But what if the debtor refuses to cave in?
In that case, the court will send you the debtor ’s response to your claim. This will take the form of either: ❍ an acknowledgment of service (form N9). This just
buys more time for the debtor to file a defence – which is now extended from 14 days to 28 days from the date the claim was issued. Make a note of the new deadline in your diary. If they fail to file a defence in time, apply for a default judgment (see p xvii) immediately;
Look at this carefully. If you can see points where the debtor is mistaken, consider sending the court a ‘Reply to the defence’. Remember what we said on p 24 about the burden of proof.