Responding to a claim
Printable version: Responding to a claim (PDF, 374KB)
On this page:
- How to respond to a claim
For more information, see our detailed Disputes Tribunal user guidelines.
- Filing a counterclaim
- Are you insured?
If a claim is made against you in the Disputes Tribunal, you will be sent a notice telling you about the claim and when the Tribunal will hear the claim.
When responding to a claim made against you, you will be called the ‘respondent’.
When you receive a notice of hearing your can do any of the following:
- Contact the person making the claim and try to settle the matter without going to the Tribunal.
- Attend the hearing and defend the claim.
- If you think you have a claim against the other party, file a counterclaim in the Tribunal as soon as possible.
- Apply to the court to have your claim heard by phone conference if you live a considerable distance from where the claim is being heard.
If you think you have a claim against the other party, you can file a counterclaim. The counterclaim must be filed as soon as possible so that both the claim and the counterclaim can be heard at the same hearing.
A counterclaim is filed using a claim form (PDF, 737 KB) as with a regular claim, or you can apply online. If you’re using the paper form to file your counterclaim, please write at the top of the page “Counterclaim”, and the CIV reference number that’s on the notice of hearing you’ve been sent. For more information about making a claim, see the page on making a claim.
Once we receive your counterclaim, we will advise the other parties that a counterclaim has been filed.
Disputes in the Tribunal often relate to a claim where a party has insurance. Your insurance company is entitled to take part in the hearing if it has paid you for the loss or damage, or if it might have to pay.
If a claim is lodged against you and you think you can claim insurance, you must contact your insurance company immediately.