Responding to Defendant’s Defence

How to Respond to a Defendant’s Defence

When you file a claim in Small Claims Court and the defendant responds with their defence, it’s essential to know how to properly address it. A defence is the defendant’s official response to your claim, where they present reasons why they believe they should not be held liable for the claim. If you’re the plaintiff, it’s crucial to respond appropriately to ensure your case continues smoothly through the court process.

What is a Defence?

A defence is the defendant’s formal written response to the plaintiff’s claim. It will typically include the defendant’s version of events, arguments, and evidence that support their side of the case. They may admit or deny specific facts, raise legal defences, or assert counterclaims. The defendant has a limited time to respond, usually within 20 days after receiving your claim.

How to Respond to a Defence

1. Review the Defence: The first step in responding to a defence is carefully reviewing the defendant’s written response. Look for any admissions or denials, as well as any legal arguments or counterclaims they present. Understanding the defendant’s defence will help you determine how to effectively challenge it.
2. Prepare Your Response: Your response should be clear, concise, and focused on addressing the defendant’s arguments. If the defendant denies any of the facts you presented, you will need to provide evidence to support your version of events. If the defendant raises legal arguments or defences, you may need to explain why they are not valid in your case.
3. File a Reply: Once your response is prepared, you may need to file it with the Small Claims Court. In some cases, the court may allow you to submit a Reply to Defence, where you can clarify or add any new evidence that addresses the defence. This should be done within the timeframe set by the court, typically 10 days after the defendant’s response.
4. Serve the Defendant: After you file your response with the court, you must serve the defendant with a copy of your reply. This ensures that the defendant is aware of your counterarguments and has an opportunity to address them if necessary.
5. Prepare for the Hearing: After responding to the defence, the court may schedule a hearing to determine the outcome of your case. You will need to be prepared to present your evidence and respond to any further arguments made by the defendant. Your paralegal can assist in preparing you for this hearing by helping you organize your evidence, draft necessary documents, and ensure that you follow the correct legal procedures.

How a Paralegal Can Assist with Responding to a Defence

When dealing with a defence, having an experienced paralegal by your side can significantly benefit your case. Here’s how a paralegal can assist:

• Review and Analyze the Defence: A paralegal can thoroughly review the defendant’s defence and help identify any weaknesses, inconsistencies, or legal errors that can be used to strengthen your case.
• Drafting Your Response: A paralegal can assist in drafting a clear and effective response, ensuring that all relevant facts, evidence, and legal arguments are addressed.
• Filing and Serving Documents: A paralegal can handle the necessary filings and ensure that the defendant is properly served with your response, meeting all deadlines set by the court.
• Prepare for the Hearing: A paralegal can help you prepare for the hearing, organizing your evidence and presenting it in the most effective manner possible.

If you’ve received a defence from the defendant and need assistance with drafting a response, our experienced paralegals are here to help. We can guide you through the process and ensure your case is properly managed from start to finish. Contact us today for more information on how we can assist you in responding to a defence in Small Claims Court.