HM Courts & Tribunals Service Edition N9D (11.22) 4 pages

Form N9D: Defence and Counterclaim (unspecified amount, non-money and return of goods claims)

The response-pack form a defendant uses to dispute a claim that isn't for a fixed sum, and to make a counterclaim against the claimant.

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N9D Defence and Counterclaim · Defence and Counterclaim (unspecified amount, non-money and return of goods claims) (N9D)
The official HM Courts & Tribunals Service form, edition N9D (11.22) — blank
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What is N9D Defence and Counterclaim?

If you've been sued in the County Court in England and Wales and the claim is for an unspecified amount of money (for example damages to be assessed), for something other than money, or for the return of goods, form N9D is your defence. It comes in the response pack sent with the claim form, and it also lets you make a counterclaim if you say the claimant owes you something.

The form asks you to set out your defence: which allegations in the particulars of claim you deny and why, which you admit, and your own version of events. It warns that if you fail to deny an allegation it may be taken that you admit it, and that if you dispute the claimant's statement of value you must say why and, if possible, give your own. A counterclaim needs a fee, and the form is verified by a statement of truth.

FileIt carries a long defence over from page 1 into 'Defence (continued)' on page 2, checks everything fits the boxes, makes sure the statement of truth matches who is signing, and prints it all into HMCTS's own N9D PDF (11.22 edition), including names with accents and non-English letters. You sign it by hand or with FileIt's eSignature and send it to the court yourself. FileIt never files anything for you.

Who fills it
The defendant, their litigation friend or their legal representative
Sent to
The court at the address given on the claim form
Claim type
Unspecified amount, non-money or return of goods claims
Time limit
A limited number of days: see the notes for guidance attached to the claim form
Counterclaim fee
Payable; the form refers to leaflet EX50, Civil and Family court fees
Signature
Statement of truth, signed
Edition
N9D (11.22), 4 pages

Who needs to fill out N9D Defence and Counterclaim?

  • Defendants in a county court claim for damages to be decided by the court, rather than a fixed sum.
  • Defendants facing a claim for something other than money, or for the return of goods.
  • Defendants who want to make a counterclaim against the claimant.
  • Litigation friends acting for a defendant who is a child or a protected party.
  • Solicitors and other legal representatives preparing a defence for a client.

When to use N9D Defence and Counterclaim

  • When you have received a claim form with a response pack and you dispute all or part of the claim.
  • Before the time limit in the notes for guidance attached to the claim form runs out.
  • Use form N9B instead if the claim is for a specified (fixed) amount of money.

What you need before you start

  • The claim form: the court name, the claim number and the parties' names and references exactly as shown.
  • The particulars of claim, so you can answer each allegation.
  • Your own account of what happened, with any dates, amounts and documents you rely on.
  • For a counterclaim: what you are claiming, why, the amount if it is a specific sum, and the fee.
  • The address where you want court documents sent, and your phone, DX and email if you have them.

What’s on N9D Defence and Counterclaim

The 2022 edition has 4 pages. FileIt asks for it in 5 parts, and it is signed by Defendant:

  1. The claimDefendant
  2. 1. DefenceDefendant
  3. 2. CounterclaimDefendant
  4. 3. Statement of truthDefendant
  5. Address for documentsDefendant

How to fill out N9D Defence and Counterclaim, step by step

1 Page 1: the claim

Enter the name of the court, the claim number, and the claimant and defendant as they appear on the claim form, including any references. The form says the court cannot trace your case without them.

2 1. Defence

Set out your defence in numbered paragraphs. Say which allegations you deny and your reasons, which you admit, and your own version of events where it differs. If the claim is for money and you dispute the claimant's statement of value, say why and give your own figure if you can. A long defence continues on page 2; if it is longer still, continue on a separate sheet with the claim number on it.

3 2. Counterclaim

Only if you are making a claim against the claimant. Give the amount if it is a specific sum, the fee you enclose, what your claim is for and your reasons. The form warns you may not be able to counterclaim where the claimant is the Crown, such as a government department.

4 3. Statement of truth

Tick 'I believe' if you are signing yourself, or 'The defendant believes' if you are signing for the defendant, then tick whether you are the defendant, a litigation friend or the defendant's legal representative. Add your full name, and your firm and position if you sign for a firm or company.

5 Address for documents

The last page takes the address court documents should be sent to, with a postcode, phone number, DX number, your reference and email. Its printed heading says 'Claimant's or claimant's legal representative's address', a slip on this defendant's form; give your own or your legal representative's address.

Common mistakes to avoid

  • Not answering every allegation: the form warns that an allegation you fail to deny may be taken as admitted.
  • Disputing the claimant's statement of value without saying why.
  • Using N9D for a fixed-sum money claim, which needs N9B.
  • Making a counterclaim without enclosing the fee.
  • Leaving the court name or claim number off, or getting them wrong.
  • Ticking the wrong statement of truth for the person who is signing.
  • Missing the time limit for returning the defence.

After you fill it out

Print the form, check it and sign the statement of truth, or sign it with FileIt's eSignature.

Send or take it immediately to the court at the address given on the claim form, with the counterclaim fee if you are counterclaiming. FileIt doesn't send anything for you.

Keep a copy of the claim form and your defence. The court will usually send directions questionnaires next (N180 for small claims, N181 for the other tracks).

Fill out N9D Defence and Counterclaim online with FileIt

  1. Pick the person. Choose someone from People and FileIt fills in their name, date of birth, address and other details it already knows.
  2. Answer plain-language questions. One part of the form at a time, with the official help text beside each question — 27 fields in all. Your answers save as you go.
  3. Check the live preview. Watch your answers land on the real HM Courts & Tribunals Service form, and let FileIt do any worksheet arithmetic.
  4. Generate the official PDF. FileIt prints your answers into the agency’s own PDF and files it in that person’s folder in your vault. Sign it, or send it for e-signature.

FileIt fills the form — it never files or submits anything for you. Deliver the finished form to whoever asked for it, the way the form’s instructions say.

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N9D Defence and Counterclaim: frequently asked questions

What is the difference between N9B and N9D?

N9B is the defence and counterclaim for a claim for a specified, fixed amount of money. N9D is for claims for an unspecified amount, non-money claims and claims for the return of goods.

How long do I have to send my defence?

The form says you have a limited number of days to complete and return it. The notes for guidance attached to the claim form explain the time limit.

What happens if I don't deny an allegation?

The form warns that if you fail to deny an allegation in the particulars of claim, it may be taken that you admit it.

Is there a fee for a counterclaim?

Yes. To start a counterclaim you have to pay a fee; the form refers you to leaflet EX50, Civil and Family court fees.

Can I sign N9D electronically?

FileIt places a signature box on the statement of truth for eSignature. The Civil Procedure Rules allow a signature required by the rules to be printed by computer or other mechanical means; check with the court if you are unsure.

Does FileIt file the defence with the court?

No. FileIt prints your answers into the official N9D PDF. You sign it and send it to the court yourself.

Official sources

FileIt is not affiliated with or endorsed by HM Courts & Tribunals Service or any government. This page explains the form in general terms and is not legal, tax or immigration advice. Always read the official instructions, and check that you are using the edition the recipient accepts. Page last reviewed 2026-10-25.

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