How to respond to a Circuit Court debt claim

Circuit Court

Step 1 - Serve an Entry of Appearance Form and a Defence Form

In order to defend a Circuit Court debt claim, you, the respondent, must first complete, submit, and serve an Entry of Appearance form (Form 5). You must then submit and serve a Defence form (Form 6A). By completing these actions, you are defending the claim being made against you.

Complete, Submit, and Serve Your Entry of Appearance Form

You must first complete your Entry of Appearance form. This form must contain the following information (some of which you will find on the Claim Notice, known as a Civil Bill in the Circuit Court, you received):

• The name of the circuit and county in which the claim is being defended.
• The person on whose behalf the Appearance form is being submitted.
• Details of the parties involved, such as names and legal representatives' details (if known).
• Date and signature of you (the respondent) or your solicitor.

Once you have completed this form, you should make two copies of it and submit the original form to the court office named on the Claim Notice you received. You do not have to pay a court fee to submit this form.

You must also serve a copy of the Entry of Appearance form on the claimant or their solicitor within 10 days of receiving the Claim Notice. If you do not serve this form within the 10 days, you must get written permission for late service from the other party before serving them.

Complete and Serve Your Defence Form

Within 10 days of submitting your Entry of Appearance form, you must complete and serve your Defence form. This form must contain the following information (some of which you will find on the Claim Notice you received):

• The name of the circuit and county in which the claim is being defended.
• The person on whose behalf the Defence form is being served.
• Details of the parties involved, such as names and legal representatives' details (if known).
• Grounds of defence:
  • Clearly outline which claims in the Claim Notice you admit, do not admit, or deny, including reasons for denial.
  • Include a list of any correspondence or documents that you will rely on in your defence.
• Date and signature of you (the respondent) or your solicitor.

This form also contains a Counterclaim section. You do not need to complete this section, or submit your Defence form to the court office, unless you are making a counterclaim. For more information on making a counterclaim, please see Step 2.

Once you have completed the Defence form, you should make a copy of it and serve the claimant or their solicitor within 10 days of submitting the Entry of Appearance form. If you do not serve this form within the 10 days, you must get written permission for late service from the other party before serving them.

For more information on serving and proof of service, please see our Serving and Proof of Service page.

Circuit Court

Step 2 - Make a Counterclaim (Optional)

If you dispute the claim being made against you, you may decide to make your own claim against the claimant. This is known as a counterclaim. To do this, you must complete the entire Defence form (Form 6A) (as outlined in Step 1), including the details of your counterclaim.

The counterclaim section of the form should:

• State that you, as the respondent, are making your own claim against the claimant.
• Outline all the claims being made by you.
• State the amount, or other compensation, you are seeking from the claimant.
• Include a list of any correspondence or documents that you will rely on.

Once you have completed this form, you should make two copies of it and submit the original form to the court office named on the Claim Notice (known as a Civil Bill in the Circuit Court) you received. When submitting this form, you must pay a €30 court fee in the court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex). You can pay this fee by card or cash.

You must also serve a copy of the Defence form on the claimant or their solicitor within 10 days of submitting the Entry of Appearance form. If you do not serve this form within the 10 days, you must get written permission for late service from the other party before serving them.

For more information on serving and proof of service, please see our Serving and Proof of Service page.

Circuit Court

Step 3 - Case Proceeds to Court

In most cases, the claimant lists the case for court. However, if the claimant does not do this you can apply to have your case listed for court. Please see the sections below for more information on how the case may proceed.

Claimant applies to have the case listed for court

If you, as the respondent, serve and submit an Entry of Appearance form and a Defence form, the claimant can apply to have the case listed for court. In this situation, you will receive a document known as a Notice of Trial from the claimant. This means that the case is ready to be heard in court. If your case is in Dublin, you should attend court on the date listed on the Notice of Trial. If your case is outside of Dublin, you should contact the court office included on the Notice of Trial for information on when you should attend.

For more information on preparing for and attending court, please see our What to Expect in Court page.

Note: If 12 months has passed since the claimant has submitted any legal documents to the court office, or taken any step in progressing the claim, they must give you a month's notice of their intention to proceed with the claim. To do this, they must serve a Notice of Intention to Proceed on you.

If the claimant fails to serve a Notice of Trial, you can apply to have the case listed for court, if you have submitted a counterclaim and wish to proceed with the case.

You apply to have the case listed for court

If you (the respondent) wish to have the case listed for court, you must:

• Complete a Notice of Trial form (Form 15A) and a separate copy for the claimant(s). You will need to contact the court office where the claim was made to obtain a date for court, which you insert on the Notice of Trial.
• Serve a copy of the Notice of Trial on the claimant:
  • If your case is being heard in Dublin, you must serve the Notice of Trial on the claimant at least 21 days before the date given by the court office.
  • If your case is being heard outside of Dublin, you must serve the Notice of Trial at least 10 days before the date given by the court office. The case will then be listed before the County Registrar, to set a date and time for the hearing. This is known as a callover list.
  For more information on serving and proof of service, please see our Serving and Proof of Service page.
• Submit the original Notice of Trial with the €120 court fee, in the relevant court office within 7 days of serving the claimant.

On the day the case is being heard, you must bring all documents including correspondence, contracts, affidavits, forms, and any other documents relevant to your case. Please ensure you bring a copy for the judge and for each claimant. For more information, please see our What to Expect in Court page.

Practices in listing cases for hearing may vary across Circuit Courts, depending on the number of sittings and court directions. Therefore, it is advisable that you contact the relevant court office where the claim has been made for more information on the local Circuit Court procedures.

Other options available to both you and the claimant include mediation or alternative dispute resolution processes. For more information on these options, please see our Legal Advice and Mediation page.