How to Defend a County Court Money Claim Without a Solicitor
Most defendants on the small claims track represent themselves. That is by design — the small claims track (claims up to £10,000) was built for litigants in person, with simplified procedures, informal hearings, and a critical rule: even if you lose, you generally cannot be ordered to pay the other side's solicitor fees. This means hiring a solicitor for a small claim is a cost you bear entirely yourself, win or lose.
So the question is not whether you can defend without a solicitor — it is how to do it properly.
What Self-Represented Defendants Can Expect
The County Court treats litigants in person fairly. Judges are required to assist unrepresented parties in understanding the procedure (within limits — they cannot give you legal advice or tell you how to run your case). Small claims hearings are informal: typically in a small room, no robes or wigs, and the judge asks questions directly rather than relying on formal cross-examination.
You have the same procedural rights as a represented party: the right to file a defence and counterclaim, request documents from the claimant, call witnesses, present evidence, and appeal a decision you disagree with.
The Steps You Need to Handle
1. Respond Within the Deadline
File an Acknowledgment of Service within 14 days to extend your deadline to 28 days. This is free and takes minutes online or by post.
2. Draft and File Your Defence
Your defence must address every allegation in the Particulars of Claim under CPR Part 16. For each allegation, state whether you admit it, deny it (with reasons), or require the claimant to prove it. A defence that says "I disagree with everything" without specifics can be struck out.
3. Complete the Directions Questionnaire
After you file your defence, the court sends a Directions Questionnaire (Form N180 for small claims). This covers mediation consent, your preferred hearing location, witnesses, and trial availability. Return it by the court's deadline — failure to return it risks sanctions.
4. Attend Mediation
Mandatory for defended small claims under Practice Direction 51ZE. A free one-hour telephone session with an HMCTS mediator. Non-attendance without good cause can lead to your defence being struck out.
5. Prepare Your Evidence Bundle
For the hearing, prepare a paginated bundle of documents: the claim papers, your defence, and all evidence (invoices, photographs, correspondence, witness statements). Send copies to the court and the claimant by the deadline set in the court's directions. A clearly organised bundle makes a substantial difference — judges read the papers before the hearing.
6. Attend the Hearing
Present your case clearly and concisely. The judge has read the papers, so focus on the key disputed facts rather than repeating everything. Answer the judge's questions directly. If the claimant has a solicitor, do not be intimidated — on the small claims track, the same simplified rules apply to both sides.
Where to Get Free Help
- Citizens Advice: General guidance on the court process and your rights
- GOV.UK: Official forms, court addresses, and procedural guides
- LawWorks (Solicitors Pro Bono Group): Free legal clinics in some areas
- Personal Support Unit (PSU): Volunteers at court buildings who help litigants in person navigate the day (they do not give legal advice, but they help with practical questions and moral support)
Free Download
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Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
When a Solicitor Might Be Worth It
If your claim is above the small claims track limit (over £10,000 and allocated to the fast or intermediate track), the cost rules change — the loser may be ordered to pay the winner's legal costs. At that level, the risk of going unrepresented increases significantly.
For claims on the small claims track, the economics favour self-representation. The process is designed for it, and a well-prepared litigant in person with organised evidence wins cases routinely.
The England & Wales Money Claim Response Guide gives self-represented defendants a structured system for every stage — deadline calculation, defence drafting, evidence preparation, and hearing day.
Get Your Free England & Wales Money Claim Response Checklist
Download the England & Wales Money Claim Response Checklist — a printable guide with checklists, scripts, and action plans you can start using today.