Received a Small Claims Tribunal Summons? Complete Defendant's Response Guide

Receiving a Small Claims Tribunal summons usually makes your heart race — will I have to go to court, will I lose money, what do I do now? That unease is completely normal, but remember: receiving a summons does not mean you've already lost, and it certainly doesn't mean you need to rush to pay just to make it go away.

The Tribunal is deliberately designed to be simple enough that defendants can handle it without a lawyer — but the trade-off is that a few procedural details, especially when you need to file your defence and what Form 3 actually is, are easy to get wrong, and getting them wrong can affect your chance to defend yourself. This article is based on publicly available information from the Hong Kong Judiciary and the Small Claims Tribunal Ordinance (Cap. 338), walking you step by step through what a defendant should do after receiving a summons. If you'd like to first understand the Tribunal's claim ceiling, filing fees, and overall process from the start, see our Small Claims Tribunal Filing Guide: Claim Ceiling, Fees, Process, and Whether You Need a Lawyer.

What Receiving a Summons Means

What information is on a Small Claims Tribunal summons?

Strictly speaking, what you receive isn't a single "summons" — it's three documents: Form 1 (the general heading of the claim), Form 2 (the particulars of claim), and Form 3 (the Tribunal Registry's Notice of Date and Place of Hearing). These are sent together to each defendant by the Tribunal's Bailiff Section by ordinary post — not served in person by a bailiff.

When reading through them, pay particular attention to:

• The claimant's name or company name and contact details (Form 1).
• The amount claimed: the Small Claims Tribunal's claim ceiling is HK$75,000; if the other party is claiming more than this, the case shouldn't in principle be dealt with here, unless they've abandoned the excess.
• The grounds of claim and how the amount is calculated (Form 2): the specific reason for the claim — unpaid goods, service fees, damage compensation, and so on.
• The date, time, and courtroom number of the first hearing (the mention) (Form 3) — this is the date you must attend; by law, the first hearing must be scheduled within 60 days of the claimant's filing date.

Is Form 3 the defence form? A common misunderstanding to clear up

Plenty of articles (including an earlier version of this one) describe "Form 3" as the form a defendant fills in as their "defence and/or counterclaim" — this isn't accurate. According to the Judiciary's official guidance, Form 3 is the notice the Tribunal issues to the defendant, stating the date, time, and courtroom details of the first hearing; it isn't a document the defendant fills in or submits. What you actually need to prepare is a separate Defence, and there's no "Form" number attached to it in the process. This distinction matters — otherwise you might assume Form 3 has some kind of "defence section" to fill in, and overlook the fact that you need to draft and submit a separate Defence entirely.

When You Actually Need to Respond

After receiving the summons, by when must you file your defence?

This is the point most people get wrong, and the one most worth clarifying: there is no official fixed deadline of "within 7 days of service." The Judiciary's guidance, What a Defendant Can Do After Receiving a Claim, states clearly that if you dispute all or part of the claim, you should file your defence with the Tribunal Registry as early as possible, before the first hearing (the mention), and send a copy to the claimant.

In other words, the time you actually have depends on when the first hearing is scheduled — and by law, the first hearing must be arranged within 60 days of the claimant's filing date. Since Forms 1, 2, and 3 are served by ordinary post, and mail takes time, the practical window between receiving the documents and the first hearing is usually only a few weeks to one or two months, depending on the Tribunal's scheduling.

Note: the Small Claims Tribunal Ordinance does contain a "7 day" figure, but it refers to the review or appeal deadline after judgment (see "The Consequences of Ignoring the Summons" below) — not the deadline for filing your defence. Confusing the two can lead you to believe you "must respond within 7 days," causing you to miss the window you actually have — the priority is to act promptly, not to fixate on a specific number of days.

Steps to File Your Defence

If you believe the claimant shouldn't be claiming against you, or the amount claimed is wrong, you should file a defence responding to each of their allegations point by point.

1. Obtain the form: a blank defence form is available from the Tribunal Registry or Resource Centre, or can be downloaded from the Judiciary website.
2. Respond point by point: your defence should state clearly whether you dispute liability and/or the amount claimed, and address each allegation in the claim form individually — accept what you agree with, and set out the facts and grounds for what you dispute. For example, if the claimant is chasing payment for goods, you might argue the goods were defective, you never received them, or you've already paid part of the amount.
3. File it early: submit your defence to the Tribunal Registry in person or through a representative before the first hearing, and send a copy to the claimant yourself. The Tribunal generally does not accept defences or similar documents submitted by email or fax.
4. Keep records: hold on to a copy and proof of filing (such as a stamped copy) in case you need to refer to it later.

Considering a Counterclaim

In some cases, you may find that the claimant actually owes you money, and that this is connected to the claim they've brought against you. In this situation, you can file a counterclaim together with your defence.

• Connection required: a counterclaim must arise from a cause of action or facts directly connected to the claimant's claim — the Adjudicator will deal with the claim and the counterclaim in the same hearing.
• How to file: a counterclaim must be filed by the defendant in person or through a representative at the Tribunal Registry — the Tribunal does not accept counterclaims submitted by post, fax, or email.
• Filing fee: payable at the same statutory rate as the original claim, based on the amount of the counterclaim.
• Same ceiling: your counterclaim also cannot exceed HK$75,000.
• Serve it yourself: after filing your counterclaim, you must post a copy to the claimant yourself.

If preparing a counterclaim means working through the same forms and evidence largely on your own, it's worth seeing which parts of our filing assistance service can help with that too.

Agreeing to Pay, or Applying for More Time or Instalments

Not every defendant intends to dispute the claim — if you accept the debt is genuine, there's a formal way to deal with it too, rather than waiting for the Adjudicator to rule at the hearing.

• Agreeing to pay in full or in part: before the mention and before filing a defence, you can deposit an amount equal to the claim (together with the filing fee the claimant has already paid) with the Tribunal without needing the Adjudicator's permission — generally by crossed cheque posted no later than 5 working days before the mention, or in person at the accounts office.
• After the mention or after filing a defence: at this point you need the Adjudicator's permission first before depositing payment with the Tribunal, and you'll need to request the relevant application form from the registry.
• Applying for an extension or instalments: this must be raised with the Tribunal at the mention, setting out your monthly income and expenses in table form, supported by documentary evidence (such as bank statements or tax returns).

Preparing for the Hearing

Whether or not you've filed a defence or counterclaim, you must attend the first hearing. Thorough preparation helps you present your case clearly to the Adjudicator.

• Gather evidence: contracts, receipts, invoices, bank statements, WhatsApp records and so on should be organised chronologically, with key sections marked. For guidance on organising photos, messages, receipts and other evidence types, see Preparing Your Evidence Before Filing: Making Your Claim Stronger.
• Prepare your statement: lay out a timeline of events, list the points you want to emphasise to the Adjudicator, and stay calm and factual.
• Witnesses: if you have a witness who can support your account, confirm they're willing to attend, and apply to the Tribunal to summon them if necessary.
• On the day: dress neatly and arrive early; the Adjudicator will hear both sides' statements and evidence, and may attempt mediation. Lawyers are generally not permitted to represent parties, though corporate defendants may be represented by a director, company secretary, or other authorised officer. For tips on courtroom attire, presentation, and handling cross-examination, see Representing Yourself at the Small Claims Tribunal: Practical Hearing Tips.

The Consequences of Ignoring the Summons

Ignoring a Small Claims Tribunal summons can have fairly serious consequences.

1. Default judgment: if you fail to attend the hearing on time, and the claimant can present evidence supporting their claim and prove the documents were properly served on you, the Adjudicator can rule against you in your absence.
2. Applying to set it aside: if you were absent for a legitimate reason and disagree with the resulting judgment, you can complete Form 8D, "Application to Set Aside a Determination or Order," explaining the reason for your absence with supporting evidence — the Tribunal will schedule a hearing to reconsider.
3. Enforcement after judgment: once a judgment takes effect and you still haven't paid, the claimant can apply to the Tribunal to enforce it. To be clear: the only enforcement method documented in the Tribunal's own official guidance is applying for a Writ of Fieri Facias ("seizure of assets"), at a cost of HK$55 — the bailiff seizes your assets and, after a five-working-day grace period, sells them at public auction, but cannot forcibly enter your residential property. As for wage garnishment orders or bank account freezes sometimes mentioned elsewhere, these are not enforcement procedures published by the Small Claims Tribunal itself — they belong to the general enforcement mechanisms of the District Court or High Court. If you want to understand enforcement methods beyond seizure of assets that require higher court procedures, see The Other Side Won't Pay After Judgment: 4 Ways to Enforce a Small Claims Tribunal Decision.
4. Review or appeal deadlines: if you disagree with the judgment itself (rather than the default issue), you can apply to the Tribunal for a review using Form 8C within 7 days of the determination or order being made (fee HK$61), generally handled by the original Adjudicator; or apply to the Court of First Instance for leave to appeal using Form 9 within 7 days of the written determination or order being served (also HK$61) — though leave to appeal is only granted where the case involves a point of law, and once the Court of First Instance refuses leave, that decision is final.

So whether you intend to dispute the claim or agree to pay, make sure you respond to the summons actively — don't ignore it.