Form 14A: Offer to Settle

What the 14A is

Form 14A is the Small Claims Court’s formal settlement mechanism. Either side can serve one at any time before the court disposes of the case. Its power comes from the cost consequences: if the other side refuses your offer and the trial result is no better for them than what you offered (offer made at least 7 days before trial and not withdrawn), the court can award enhanced costs against them — up to double the representation fee it would otherwise have allowed.

Offers are confidential from the trial judge until liability and damages are decided, so making a reasonable 14A never weakens your case — it only builds cost protection.

How to fill it out

1. Decide the real number you would take (or pay) today to end the case, factoring in trial risk, time, and collectability.
2. Complete the 14A with precise terms: the amount, who pays whom, timing, and whether it includes interest and costs. Vague offers create disputes about whether they were “beaten.”
3. Serve it on the other party (it is not filed with the court before judgment) at least 7 days before trial for full cost consequences, and keep proof of service.
4. Acceptance is done in writing (Form 14B) before the court disposes of the claim; terms can also be embodied in Form 14D.
5. Bring the offer to the judge’s attention only after the merits are decided, when costs are being argued.