Notice of Intention to Defend

Information

When a Defendant receives a civil summons, he or she must choose whether or not to defend the case.

If you are the Defendant and you wish to admit that you were wrong and prevent the case from going to court, you must pay the sum claimed by the Plaintiff plus the costs within 10 days of receiving the civil summons. If you wish to admit that you were wrong but you need time to organise payment of the amount claimed, you must contact the Plaintiff's solicitor so that an arrangement can be agreed.

If you believe that the Plaintiff is not entitled to the damages he or she has sought from you and you wish to defend the case in court, you must serve a "Notice of Intention to Defend". Two blank copies of a Notice of Intention to Defend are attached to the civil summons that you received. You should detach them, complete them and post one to the District Court office and one to the Plaintiff (or the Plaintiff's solicitor).

The Notice of Intention to Defend must be sent to the Plaintiff at least four days before the date of the court hearing. If you do not send your Notice of Intention to Defend in time, then the Plaintiff can apply to the court for "judgement in default". This means that because you have not shown your intention to defend the case, you are taken to have admitted the claim against you. There will be no hearing - the court may simply make an order for judgement against you.