As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you.
When you receive a summons you will get the claim document (first page of the summons) which details who the parties are, the claim number, the court, the date of service, and the amount. You should ensure that any correspondence between you and the court or RTA has the claim number and the name of the court on it.
Service Date
You need to note the issue date at the top as you need to use this to determine the service date as your replies to the court will hinge on the service date. Part 6 of the Civil Procedure Rules section 6.26 tells you how to calculate the service date.
6.26
A document, other than a claim form, served within the United Kingdom in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following table –
| Method of service | Deemed date of service |
|---|---|
| 1. First class post (or other service
which provides for delivery on the next business day) |
The second day after it was posted, left with,
delivered to or collected by the relevant service provider provided that day is a business day; or |
| if not, the next business day after that day. | |
| 2. Document exchange | The second day after it was left with, delivered to
or collected by the relevant service provider provided that day is a business day; or |
| if not, the next business day after that day. | |
| 3. Delivering the document to or leaving
it at a permitted address |
If it is delivered to or left at the permitted
address on a business day before 4.30p.m., on that day; or |
| in any other case, on the next business day after
that day. |
|
| 4. Fax | If the transmission of the fax is completed on a
business day before 4.30p.m., on that day; or |
| in any other case, on the next business day after the
day on which it was transmitted. |
|
| 5. Other electronic method | If the e-mail or other electronic transmission is
sent on a business day before 4.30p.m., on that day; or |
| in any other case, on the next business day after the
day on which it was sent. |
|
| 6. Personal service | If the document is served personally before 4.30p.m.
on a business day, on that day; or |
| in any other case, on the next business day after
that day. |
(Paragraphs 10.1 to 10.7 of Practice Direction 6A contain examples of how the date of deemed service is calculated.)
Now you have your service date. This is the same way that you will determine your service date for any documents that you receive. So, if you need to send a document back to the court within 14 days then this is 14 days from the SERVICE DATE.
In the case of the initial summons, the court may also stamp the front page with a service date.
Responding to the Summons
This information should be read IF YOU INTEND TO DEFEND.
If you intend to settle or have already paid, see the appropriate section in the Library.
IF YOU DO NOT LIVE IN ENGLAND OR WALES read the section entitled ‘Disputing Jurisdiction’ in the Library before you do anything.
Initially, once you have received the summons then you have 14 days to file a defence. However, in order to give yourself more time you should file an Acknowledgement of Service instead.
By filing an Acknowledgement of Service this gives you an extra 14 days to file a defence – so 28 days from the date of service.
An Acknowledgement of Service must be filed within 14 days though.
See here for an example of an Acknowledgement of Service.
Complete the top right section (claim number, court, parties, etc) using the information on the front page of the summons.
Make sure you tick the ‘I intend to defend’ box.
Complete all the other information appropriately.
Send to the court and make sure you get proof of postage.
Now you need to work on your defence. See the ‘Small Claims – Step 2 – Defence’ section in the Library
