What if the defendants defence is the money has already been paid?
The court will send you a copy of the defence Form N9B and Form N236 (notice of defence that amount claimed has been paid). Form N236 will ask you to let the court know whether:
- you accept that the money has been paid
- you do not agree that it has been paid and that you wish the claim to continue as a defended claim
You should fill in the Claimant's Reply section of the form indicating your answer and return it to the court by the date given on Form N236. You must also send a copy of your reply to the defendant.
If you do not return the notice by the date shown, your claim will be stayed. This means that the court will not take any further action on your claim. The only action you or the defendant can take is to apply to the court for the stay to be lifted. You may have to pay a fee to do this.
If you indicate that you wish the claim to proceed as defended, the standard court procedure beginning with the sending out of the directions questionnaire.
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