The average time between issuing a small claim and actually going to court is 35 weeks, according to Ministry of Justice statistics, so it’s best to move forward with legal action sooner rather than later.
We are small claims specialists and can provide you with the help and advice you need to prepare your case for court Just contact us for more information.
What is a small claims court?
A small claims court is a local court – usually a county court – where claims for smaller sums of money owed by a person or business are decided cheaply and quickly. You might also hear it referred to as just ‘making a court claim’.
The total you can take to a small money claim in England and Wales is £10,000, in Scotland it’s £5,000 and in Northern Ireland it’s £3,000.
How do I file a claim at a small claims court?
You must file a brief description of your claim at court before paying a court fee. The claim form will include ‘particulars of claim’, which allows you to give an account of why you (the claimant) believe the respondent owes you money.
The respondent must then decide whether they wish to say they owe the money, or else file a defence.
If they do neither of these things within 14 days, then you may obtain an order from the court which instructs the respondent to pay in ‘default’ of a response.
When beginning a claim it is important to ensure that your documents give the correct amount of detail and make clear the legal basis for your claim. A good solicitor can be key here.
What is involved in the small claims court hearing?
The small claims hearing could take place in the judge’s room or a county court. It will most likely be a location closest to the home or business premises of the respondent. At the court hearing, you will put the matter before a district judge in the form of a witness statement and other evidence.
The Judge will then offer directions for the parties or make a ruling for a summary Judgment.
Once a County Court Judgment is issued, if the dispute is not settled, the winning party is entitled to enforce the Judgment.
We can help throughout the litigation process, from start to finish.
Email your questions and general queries. If your dispute is already at court, and you are working with strict deadlines give us a call as a matter of urgency: