When you receive a Plaintiff’s Claim in Small Claims Court, it’s essential to understand your rights and how to respond. Filing a Defence is your opportunity to formally present your side of the story, dispute the plaintiff’s claims, or raise any legal reasons why you should not be held responsible. Filing a Defence ensures that the court considers both sides before making a ruling.
A Defence is a legal document that the defendant files in response to the Plaintiff’s Claim. It outlines your reasons for denying the plaintiff’s claim or why you believe the claim should not result in a judgment against you. In your Defence, you will explain any facts that dispute the plaintiff’s allegations or point out any legal issues that could prevent the plaintiff from winning the case.
Filing a Defence is an important part of the Small Claims Court process. Here’s an overview of what you need to do:
Before preparing your Defence, carefully read the Plaintiff’s Claim to understand the allegations made against you. Identify the key issues, including the amounts claimed and the reasons behind the claim. This will help you address the points raised in your Defence.
When preparing your Defence, you will need to provide:
Once your Defence is prepared, it must be filed with the Small Claims Court. This must be done within a certain period after you receive the Plaintiff’s Claim, usually 20 days. Ensure that you file within the time limit to avoid a default judgment being made against you.
After filing your Defence with the court, you must serve a copy of the Defence on the plaintiff. This is known as serving the defence. You can do this through mail or in person, ensuring that the plaintiff is aware of your response to the claim.
Once the Defence is filed and served, the court will set a hearing date. During the hearing, both parties will have the chance to present their case, submit evidence, and cross-examine each other. The judge will then make a decision based on the facts and arguments presented.
While paralegals are not allowed to represent clients in court, they can provide valuable assistance in preparing and filing your Defence. Here’s how they can help:
A paralegal can assist you in drafting your Defence, ensuring that it includes all relevant details and is formatted correctly for submission to the court. This ensures that you don’t miss any important information that could help your case.
A paralegal can help ensure that your Defence is filed on time and served properly to the plaintiff. They can also ensure that all court procedures are followed accurately to avoid delays.
Although a paralegal cannot represent you in court, they can provide guidance on how to prepare for the hearing. They can help you organize your evidence, explain the legal process, and inform you of the steps that you will need to take during the trial.
If you disagree with a Plaintiff’s Claim, filing a Defence is crucial to protecting your rights. By filing a Defence, you are ensuring that the court considers your side of the case and that you have the opportunity to dispute any false claims. Failure to file a Defence may result in a judgment being entered against you without your input.
If you’ve received a Plaintiff’s Claim and need assistance preparing your Defence, our team is here to help. We provide paralegal services to help you draft your Defence, file the necessary documents, and guide you through the legal process. Contact us today to get started and ensure your case is properly represented.
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