Form N9B UK: Defence & Counterclaim Guide 2026
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If you have been served with a county court claim for a specific sum of money, Form N9B is the document you use to set out your defence, and if you wish, to bring a counterclaim against the person suing you. It arrives as part of the response pack bundled with the claim form, and the clock starts ticking from the moment you receive the particulars of claim.
Getting the timing wrong, or leaving sections blank, can hand the claimant a default judgment without the court ever hearing your side of things. This page walks through how the form fits into the civil claims process, what you need to include, how counterclaims work, and the deadlines you cannot afford to miss.
It is written for people who have been named as a defendant and want to respond properly without making avoidable mistakes.
What this document is
Form N9B is the official court form used by a defendant to file a defence, and optionally a counterclaim, in response to a claim for a specified amount of money in the County Court. It is part of the response pack sent to you alongside the claim form (N1) and the particulars of claim.
The form asks you to set out which parts of the claim you admit, which you dispute, and the reasons behind your position. If you believe the claimant actually owes you money, you can use the same form to bring a counterclaim against them, which the court will deal with as part of the same proceedings.
The form is governed by Part 15 and Part 20 of the Civil Procedure Rules, which set out the technical requirements for both defences and counterclaims. Filing N9B properly is what stops the claimant from obtaining default judgment and gives you the chance to have the dispute decided on its merits.
It is not legal advice in itself, and the quality of what you write in it will shape how the case progresses.
How to use this document
- Read the claim carefully and note the service date. Work out exactly when the particulars of claim were served on you, because this is the date your response window starts running. You generally have 14 days to file a defence, or 28 days if you have already filed an Acknowledgment of Service (Form N9A). Missing this deadline is the single biggest risk, so write the date in your diary immediately.
- Decide how you want to respond. Consider whether you dispute the whole claim, part of it, or want to admit liability but bring a counterclaim. Form N9B is the right form where you intend to defend, and it gives you the option to add a counterclaim in the same document. If you want time to investigate, filing an Acknowledgment of Service first gives you a longer window to prepare your defence.
- Draft your defence paragraph by paragraph. Respond to each allegation in the particulars of claim, making clear which facts you admit, which you deny, and which you neither admit nor deny because you lack knowledge. Give reasons for any denial and set out your own version of events where relevant. Vague or blanket denials are rarely effective, so be specific and stick to the facts.
- Add a counterclaim if appropriate. If the claimant owes you money or has caused you loss connected to the same dispute, complete the counterclaim section. A court fee is usually payable on counterclaims, calculated on the amount you are claiming back. Check gov.uk for the current fee, as these are updated periodically.
- File with the court and serve on the claimant. Send the completed form to the County Court Money Claims Centre (or the court named on the claim) before the deadline, and make sure every other party receives a copy. Keep proof of posting or electronic submission. Once filed, the court will send out directions questionnaires and the case will move toward allocation.
Common questions
Q How long do I have to file Form N9B after being served?
You generally have 14 days from the date the particulars of claim were served on you. If you file an Acknowledgment of Service (Form N9A) within those 14 days, the window to file your defence is extended to 28 days from service of the particulars. You and the claimant can also agree an extension of up to 28 further days, provided you notify the court in writing.
Q What happens if I miss the deadline?
If no defence or admission is filed within the permitted period, the claimant can apply for default judgment against you. That means the court can decide the case in their favour without hearing from you at all. You may be able to apply to set judgment aside later, but this costs time and money and is not guaranteed to succeed, so meeting the original deadline really matters.
Q Can I file a counterclaim using the same form?
Yes. Form N9B includes a dedicated section for counterclaims, which are governed by Part 20 of the Civil Procedure Rules. You use it where you believe the claimant owes you money or has caused you loss arising from the same facts. A court fee is normally payable based on the value of your counterclaim, so check the current fee scale on gov.uk before filing.
Q What if I have already paid the amount being claimed?
State this clearly in your defence, including when and how payment was made. The court will then ask the claimant whether they want to continue with the proceedings. If the claimant does not respond within the prescribed period, the claim is automatically stayed. Any party can apply for the stay to be lifted later if circumstances change.
Q Do I need a solicitor to complete Form N9B?
No, you can fill it in yourself, and many litigants in person do. That said, the wording of your defence shapes the whole case, and weak or poorly drafted defences can be struck out. If the sum involved is significant or the issues are complex, getting guidance before you file is sensible so you understand what to include and how to frame it.
Q What happens after I file the defence?
The court will send both parties a directions questionnaire (Form N180), which is used to allocate the claim to the small claims, fast, intermediate or multi-track. From there, the court will give directions for how the case proceeds, including any disclosure, witness evidence and hearing dates. Most specified money claims under a certain threshold are allocated to the small claims track.
Q Can the claim be stayed if nothing happens?
Yes. If six months pass from the end of the defence period without any party entering or applying for judgment, and no admission or defence has been filed, the claim is automatically stayed under the Civil Procedure Rules. Any party can apply to lift the stay, but the court will expect a reasonable explanation for the delay before agreeing to let the case continue.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm N9B on gov.ukgov.uk
- Guidance · HMCTSCivil Procedure Rules Part 15 (Defence)justice.gov.uk
- Guidance · HMCTSCivil Procedure Rules Part 20 (Counterclaims)justice.gov.uk
- Guidance · UK GovRespond to a court claim for moneygov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.