Being Sued in Cyprus: Deadlines and First Steps

The deadlines are already running. That is the first thing to know

In short

Appearance: 14 days from service.
Defence: 28 days from the filing of the appearance.
Do nothing, and the claimant can obtain default judgment without a hearing on the merits.

If you have been served with a claim form issued by a Cyprus District Court, the case runs under the Civil Procedure Rules 2023 (13/2023), which apply to proceedings filed from 1 September 2023. The new rules work on short, strict periods, and the first two belong to you.

The date that matters is the date of service, not the date printed on the document. Note it, keep everything exactly as it was delivered, and do not answer the claimant or their advocate before taking advice.

The first step

Send us the documents you received and tell us when and how they were served. We reply within one business day with the deadlines and the steps in your own case.

Send us the papers

What you have received

A claim form, with or without the statement of claim

The action begins with the claim form, which names the parties and states briefly what is claimed. The detailed basis of the claim sits in the statement of claim, which either accompanies the form or, where the form states that one will follow, is served separately later.

The distinction is not formalism: it decides when your first deadline starts to run. That is why it matters to tell us precisely what was delivered to you and when, and to lose none of the documents, nor the envelope they came in.

The two deadlines

First the appearance, then the defence

The memorandum of appearance is filed at the court within 14 days. The general rule in rule 10.4 counts the period from service of the claim form; where the form states that a statement of claim will follow, the period counts from service of the statement of claim. The appearance is not an admission: it states who represents you and your address for service, nothing more.

The defence is filed within 28 days of the filing of the appearance, under rule 17.4. Watch the starting point: it runs from the filing of the appearance, not from service. By written agreement with the claimant the period can be extended by up to 42 days in total, with the court informed in writing at once, under rule 17.5.

Days are computed as clear days: neither the day of service nor the day of the event that starts the period is counted. And where service was made out of the jurisdiction, the periods are computed differently, so the numbers above do not carry across as they stand: your own computation is needed.

If the deadlines pass

Default judgment is a real judgment

Without an appearance or without a defence, the claimant can obtain default judgment under Part 13 of the rules. It is not a provisional measure: it is a judgment that is enforced like any other, by execution against movables, registration against immovable property, or other enforcement measures.

Setting aside is provided for in Part 14, but in two very different forms. The court must set the judgment aside where it was wrongly entered, as where the claim form had not in fact been served. In every other case setting aside is in the court's discretion: it requires a real prospect of successfully defending the claim or some other good reason, and the court weighs whether you moved without delay. Nobody should plan their case on that discretion.

Even late, something can be done: an appearance may be filed at any time before judgment is entered, at the risk of bearing the costs the delay caused. The earlier you move, the more options remain open.

Before the defence

Two decisions taken at the start, not the end

If you consider that the case does not belong in the Cyprus courts, jurisdiction is challenged by application under Part 12, and you need not file a defence before that application is heard. The order matters: a defendant who defends on the merits will struggle to dispute jurisdiction afterwards.

If you have a claim of your own against the claimant, the counterclaim is contained in the same document as the defence and follows it. It must therefore be decided on and prepared within the same period, not later.

Common questions

How long do I have after being served with a Cyprus claim form?

The period for filing a memorandum of appearance is 14 days from service of the claim form, under rule 10.4 of the Civil Procedure Rules 2023. Where the form states that a statement of claim will follow, the 14 days run from service of the statement of claim. Days are computed as clear days: the day of service does not count.

What is the memorandum of appearance, and does it commit me?

It is the form by which you tell the court that you have notice of the action, who represents you or that you act for yourself, and your address for service. It is not an admission of the claim and does not commit you on the merits: it keeps your right to defend open.

When must the defence be filed?

The general rule in rule 17.4 is 28 days from the filing of the memorandum of appearance, not from service. By written agreement with the claimant the period can be extended by up to 42 days in total, under rule 17.5, with the court informed in writing at once. The court keeps a separate power to extend.

What happens if I do nothing?

The claimant can obtain default judgment under Part 13 of the Civil Procedure Rules 2023, without a hearing on the merits. That judgment is enforced like any court judgment. Setting aside is possible under Part 14: as of right where the judgment was wrongly entered, and in the court's discretion in other cases, where it also counts whether you moved without delay.

I live abroad and was served there. Do the same rules apply?

The basic obligations are the same, but where service is made out of the jurisdiction the periods are computed differently, under Section V of Part 6 of the rules. Send us the documents with the date and manner in which you received them, and we will tell you the deadlines that apply in your case.

Can I dispute that the Cyprus court has jurisdiction?

Yes, by application under Part 12 of the Civil Procedure Rules 2023, and you need not file a defence before that application is heard. The decision must be taken at the start, because a defendant who proceeds to defend on the merits will struggle to dispute jurisdiction afterwards.

What does it cost?

It depends on the case, which is why we publish no single fee for defence work. Send us the papers and we reply within one business day with the immediate steps and their cost, so you decide before anything is spent.

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