AnswersCourt, and what comes after
The company filed a defence. What happens next?
The short answer
Usually mediation. On a claim of £10,000 or less, the court refers it to a free phone mediation7 before a hearing is booked, and the court sets the date by which you must say you are carrying on. Miss that date and the claim is stayed or struck out6, depending on the route. A defence has to give its reasons1, and you do not have to write a reply to it, though a counterclaim needs a defence from you.
England and Wales only. WolfX is software, not a law firm.
The numbers
The dates and the fee.
What you can add
A £6,100 invoice, defended in full
Say you invoiced another business £6,100 for software support, due on 14 August 2026. It went late on 15 August, so the 11.75% rate12 for invoices that go late in the second half of 2026 applies. You issued a claim for £6,285.86 on 12 October 2026, 59 days late, and paid the £455.00 court fee. The company has defended in full.
- The invoice£6,100.00
- Interest: £6,100 × 11.75% ÷ 365 × 59 days10£115.86
- Fixed sum (invoices from £1,000 to £9,999.99)11£70.00
- Issue fee, already paid (claims over £5,000 up to £10,000)8£455.00
- Hearing fee, unless you settle before it is due8£346.00
- Owed if you win, with interest to 12 October 2026£7,086.86
The court can add the court fees you paid5 to the judgment if you win. Your own time and legal fees mostly stay with you. The £346.00 is the only new money you have to find. Interest keeps growing by £1.96 a day until judgment or payment.
The road ahead
Six steps. One new fee, unless you settle first.
Step 1: Read the defence three ways
Mark what it admits, what it denies and what it leaves out. A denial needs reasons, and the company's own version of events if it has one1. If it admits part, you can ask for judgment on that part2 and carry on for the rest.
Look for a counterclaim or a set-off, which says you owe them money. A counterclaim is a claim against you: file a defence to it within 14 days3 or the company can ask for judgment on it. It takes an online claim out of the online service6.
Step 2: Answer the court by its date
Use the date on the court's notice. Online, with no lawyer on either side, you have 33 days from the court's request6 to say you carry on and complete the questionnaire. Say nothing and the claim is stayed, which puts it on hold.
On paper the date is at least 14 days4 after the notice, then a 7-day warning, then the claim is struck out. A lawyer on either side changes the clock, so trust the notice.
Step 3: Ask in writing what they dispute
Send the email below. It asks for the part the defence does not dispute, asks which items it does dispute and why, and says you are carrying on. A defence that only says 'disputed' has given no reasons, so ask for them.
Step 4: Take the mediation call
The court refers the claim to its mediation service; online, the claim is stayed for 28 days6 to make room. A court mediator phones each side separately for up to an hour7 and helps them reach a deal.
If you settle, put the payment dates in writing. On a paper claim the claim is then stayed, and you can go back for judgment on any unpaid balance4. What mediation is has the rest.
Step 5: No deal? Pay the hearing fee by the court's date
Step 6: Send your papers 14 days before
Unless the court says otherwise, each side sends the court and the other side copies of every document it will rely on5 at least 14 days before the hearing. What happens at the hearing has the rest.
A letter you can copy
Email after the defence: the part not disputed, and the rest
Send it within a few days of getting the defence, before the court's date. It is an open email, not marked 'without prejudice'.
Tap a highlighted gap to see what goes in it.
Send it by email so it is dated, and keep a copy with the claim papers. If the company has a lawyer, send it to the lawyer. If the defence disputes everything, delete the paragraph about the part not disputed and keep the rest. Leave it open. It is a plain record of what you asked for, and when.
When not to bother
When it isn't worth it
- The defence is right. If the work was faulty or the invoice was wrong, fix it and credit it, then tell the court you are not carrying on.
- The sum is small. The hearing fee runs from £27 to £346 by the size of the claim, and a hearing costs you a day. On a few hundred pounds, check the sum first.
- The company is going under. A judgment is only worth what they can pay. Check whether suing is worth it before you spend the fee.
- They have offered what you would settle for. If the offer clears your lowest figure, take it at mediation and stop. The fee and the day are not spent.
- The claim is in Scotland or Northern Ireland. The steps differ there, and this page covers England and Wales.
The Wolf's note
A defence is a document, and a document can be read. What it admits is yours to take, what it leaves out is yours to ask about, and the court's date is the one you cannot agree to move.
Mr. Wolf · the AI inside WolfX
What comes next
Your next move
What is small claims mediation, and do I have to try it?
Usually, yes. If your defended claim is for £10,000 or less, you must attend one free phone call with a court mediator.
5 min read
What happens at a small claims hearing, and how do I prepare?
Informal, often in the judge's room.
6 min read · Letter included
How do I take a company to court for an unpaid invoice?
Send a letter before action, then claim online.
7 min read · Letter included
Don't want to do this yourself?
The Wolf does every step for you. He works out the sums, writes the letters and keeps track of every date. Nothing goes without your yes.