Service of Claim on the Debtor Solicitors
When a claim is filed the court will take the next steps in creating what is effectively a formal record of the claim.
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Service of Claim on the Debtor
When a claim is filed the court will take the next steps in creating what is effectively a formal record of the claim.
Copies of documentation are sent to the debtor and a copy is provided to the solicitor that filed the claim. The court will confirm the date upon which this is carried out, regardless of whether the debtor confirms receipt of this documentation.
Debtor Response
A debtor may choose to respond in a number of ways. They may pay the debt, acknowledge it and file a defence, dispute part or all of the debt or may not respond at all. If they do not respond, then it is possible for the court to proceed to entering judgment which is where conditions and a schedule for payment are set out. This can be enforced if payment is still refused.
Admission and Payment
On receiving claim documentation, a debtor may make immediate payment of the debt, or alternatively admit part of or all of the debt. If the debtor chooses to fully admit their liability, further action can be taken in the form of entering judgment. This involves the court dictating what happens next, usually by outlining how payments will be made. A partial admission of the debt will mean that a further decision is required on how to proceed and usually it is best to consult your solicitor for advice in these circumstances.
Dispute and Defence
If the debtor wishes to dispute the claim, they may file a defence. Copies of the defence are provided to the claimant and their solicitor at which point a decision can be made on whether to continue progressing the claim.
Frequently Asked Questions about Service of Claim on the Debtor
How does a defendant have to respond to a claim?
If a claim is made, the defendant has two responses. Either they can pay the amount that is owed, or they can dispute and defend the amount owed, either by paying part of the monies owed or refusing to pay any monies owed.
What happens if a defendant does not respond to a claim?
If the defendant refuses to respond to a claim then the claimant can request judgment on the case for the monies owed to them.
How do you defend a claim against you?
There are several responses to a claim made against you. Either pay the monies owed, pay a part of the monies owed and dispute the rest or dispute all monies owed and defend the claim.
Contact the Franklins Service of Claim on the Debtor team
If you have any questions about the service of claim on the debtor, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
