County Court Claim

What is a County Court Claim?

A County Court Claim is a formal court procedure in England and Wales. It is used to start a civil case before the County Court.

The claim begins when one party asks the court to decide a legal dispute. In many cases, the dispute concerns money, such as unpaid invoices or contractual payments. The County Court Claim is the official way to bring that dispute before a judge.

This procedure is part of civil law. It is not a criminal process. It deals with private disputes between individuals, companies, or both.

A County Court Claim is comparable to a lawsuit (Klageverfahren) in German law. It is not the same as a German Mahnverfahren. In a County Court Claim, the court handles the case as a full civil claim. The procedure allows for defence, review of arguments, and a formal court decision.

The claim forms the beginning of a structured court process that may lead to a judgment.

When is a County Court Claim issued?

A County Court Claim is issued when earlier steps outside the court have not resolved the dispute. Before a claim is filed, the parties usually follow pre-court procedures. These steps are designed to clarify the issue and exchange information.

If no agreement is reached during that stage, the claimant may decide to start formal court proceedings. At that point, the County Court Claim is issued.

The claim clearly marks the end of the pre-action phase. From that moment, the dispute moves into the court system.

The timing is therefore defined by the process:

• first, pre-court communication

• then, if no settlement is achieved,

• the formal issue of a County Court Claim

Once issued, the case becomes an official court matter.

How does the County Court Claim process begin?

The County Court Claim process begins with a document called the Claim Form.

The Claim Form sets out:

• the names of the parties

• the amount claimed, if the case involves money

• the basic details of the claim

This document is submitted to the court. Once the court accepts it, the claim is formally issued.

After issue, the court arranges for the claim to be served on the defendant. Service means that the defendant is officially notified of the case. The court ensures that the Claim Form and related documents are sent according to the rules.

The moment of service is important because it starts the timeline for the next procedural steps. From that point, the defendant has a defined period to respond.

The Claim Form therefore marks the formal start of the court proceedings.

How can a defendant respond to a County Court Claim?

After receiving the claim, the defendant has several structured response options. These responses are part of the standard civil procedure.

The main response types include:

Defence

A Defence is a formal document in which the defendant sets out why the claim is disputed. It responds to the allegations made in the Claim Form.

Admission

An Admission means the defendant accepts all or part of the claim. The admission can relate to the full amount or only to part of it.

Acknowledgment of Service

An Acknowledgment of Service informs the court that the defendant has received the claim and intends to respond. It extends the time allowed for filing a Defence.

Each response must follow the procedural rules set by the Civil Procedure Rules (CPR). The response determines how the case will move forward within the court system.

What happens if no response is filed in a County Court Claim?

If the defendant does not file a response within the required time, the claimant may request a Default Judgment.

A Default Judgment is a court decision entered because no Defence or other response has been submitted. The court records judgment in favour of the claimant based on the procedural situation.

This step does not involve a full hearing of the dispute. It is a procedural outcome triggered by the absence of a response.

Once entered, the Default Judgment becomes an official court judgment. It has the same legal status as other County Court judgments.

The transition from claim to Default Judgment is part of the structured court process. It follows clear procedural rules and timelines.

How does a County Court Claim proceed after a response?

If the defendant files a response, the case continues within the court system.

The court reviews the documents submitted by both parties. It then manages the case according to procedural rules. This may involve directions from the court about how the case should proceed.

The process can include:

• allocation to a specific track within the County Court

• exchange of further documents

• preparation for a hearing

The court may schedule a hearing where the parties present their arguments. After considering the case, the judge issues a decision.

That decision becomes a County Court Judgment (CCJ) if the court rules on the claim.

The procedure from response to final judgment follows a structured path. It is governed by the Civil Procedure Rules and forms part of the formal civil litigation system in England and Wales.