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WHAT HAPPENS IF THE DEFENDANT COUNTERCLAIM OR DISPUTE HIS OR HER LIABILITY FOR MY CLAIM ?

Where a defendant dispute his or her liability for the whole or part of any claim in action, he or she may

• at any time before the hearing date of the summons, serve on you a notice of appearance in Form 2 (Notice Of Appearance - Monetary Claims) or 3 (Notice Of Appearance - Immovable Property), as the case may be, for which the notice of appearance appended to the summons may be used or
• appear on the hearing date and dispute your claim.

Where the defendant appears in Court and disputes your claim, he or she has to serve a defence in one of the Form 38 (Defence) within such time as my be directed by the Court.

If the defendant fails to comply with the above paragraph, the Court may make such order as it thinks just including, an order that judgment be entered for you.

Where you have served on the defendant the statement of claim and summons, you may on the ground that defendant has no defence to a claim included in the summons, or to a particular part of such a claim, or has no defence to such a claim or part except to the amount of any damages claimed, apply to the Court for judgment against that defendant. This is called application by plaintiff for summary judgment.

Where a defendant intends to counterclaim, he or she may:

• at any time before the hearing date of the summons, serve on you the counterclaim for which the notice of appearance appended to the summons may be used or
• appear on the hearing date and the Court may order him or her to serve the counterclaim within such time as it may direct.

If the defendant has served a counterclaim on you, the defendant may on the ground that you has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the Court for judgment against you on that claim or part. This is referred to as application for summary judgment on counterclaim.

If the defendant counterclaims and you desires to defend the counterclaim, you have to serve a defence to counterclaim on the defendant within such a time as the Court may direct.

If you fail to comply with the above paragraph, the Court may make such order as it thinks just including, an order that judgment be entered for the defendant on the counterclaim.

You must reply to any defence before the expiration of 7 days after the service on you of that defence.

Where the Court orders that you or the defendant has leave to defend an action or counterclaim as the case may be, with respect to a claim, the Court may give directions as to the further conduct of the action.