Small Claims Court: A Step-by-step Guide for Claimants

The Small Claims Court is an easy and inexpensive means for people and businesses to access the justice system for the resolution of disputes without the need to go through complicated litigation. If someone owes you money or you are pursuing damages for the breach of a contract, the Small Claims Court has an easy avenue to justice. This guide walks through the claim process, giving step-by-step information for claimants while also identifying key legal terms and practical considerations.

What is the Small Claims Court?

The Small Claims Court is a division of the county court in England and Wales or a sheriff court in Scotland where the court handles very minor claims. In Northern Ireland, the Small Claims Procedure takes care of such cases. The claim value limit and range varies by country:

• England and Wales: up to £10,000 (or £1,000 for personal injury and housing disrepair claims)
• Scotland: up to £5,000
• Northern Ireland: up to £3,000

Claims in excess of any of those sums can be pursued through other procedures in the courts.

Step 1. Know how to assess your claim:

Before you start processing your claim, confirm if the claim falls under the small claim court. Examples of claims that are encompassed include the following: failure to pay invoices, breach of contract, substandard goods or services, and rent or deposit disputes. Ensure that your claim is under the monetary limit, and you must have also attempted to resolve the matter informally, that is by negotiation or mediation. Courts expect that the claimant will have done reasonable efforts to resolve the disputes before claiming.

Step 2. Preparing Your Claim:

Collect all your evidence for your case. These could be contracts, receipts, invoices, emails, or photographs. The clearer and more organized you present your evidence, the stronger your claim will be. Then calculate the exact amount of your claim, which may include:

• The capital amount owed
• Interest you can claim statutory interest at 8 % per annum in England and Wales unless otherwise agreed.
• Court fees (added to your claim once you win)

Read Also: How to File a Personal Injury Claim in the UK?

Step 3: Filing Your Claim:

File a claim form to start. If you are in England and Wales, you can also apply online being part of the government’s Money Claim Online (MCOL) service or mail in a paper N1 claim form to the County Court. If you are in Scotland, you will have to lodge a Simple Procedure Claim Form to the Sheriff Court. In Northern Ireland, fill out Form 1- Small Claims Application.

When you submit the claim, there is also a court fee, which varies with the amount of your claim. In cases of low income or receiving some benefits, there can be an exemption or reduction of fees.

Step 4: Serving the Claim:

Your claim will be sent to the defendant once the court receives your claim the person or company against whom the claim is made. The defendant usually has 14 days to respond, and may:

• Pay the amount claimed: In this case inform the court and withdraw the claim.
• Dispute the claim: The case will go to a hearing.
• Ignore the claim: You can then apply for a default judgment if the defendant has not replied to your claim.

Step 5: Going to the Hearing:

The claim will move on to the hearing phase and both parties will present their case against a judge. This process is usually informal and does not require lawyers. Prepare by gathering evidence and practicing explaining the events that occurred, as well as preparing for questions by the judge.

The judge will listen to the evidence and come to a decision, which may instruct the defendant to pay the amount claimed or dismiss the case.

Step 6: Balancing Judgment:

If an individual wins a case but the defendant fails to pay, that person may have to enforce the judgment. Some methods of enforcement include:  Warrants of Control: This allows bailiffs to seize the property and sell it to cover the debt.

• Attachment of Earnings Order: allows direct payment from the defendant’s wages.
• Charging Order: Places a charge on property belonging to the defendant.
• Additional costs are incurred for enforcement action although these are usually recoverable from the opposite party.

Suggestions to Claimants:

Continue with the thoroughness: Form is to be filled precisely; all evidence submitted in time. Communication. Be straightforward and polite, but contentious as much as possible in the dispute.

An alternate resolution. Usually, a court nudges parties to settle their dispute before proceeding to trial, the alternative resolution that is less confrontational and brisker than a trial.

In Small Claims Courts, individuals, as well as businesses, can recover money through an uncomplicated course of action to settle their dispute. If the claimant is fully prepared, the chances of winning it are much better than not, and cost wise, it’s minimal. If ever in doubt, get a lawyer or talk to a Citizens Advice Bureau to make sure the claim is watertight.

For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].

Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.