Small Claims Court - frequently asked questions
| Listed below are some of the most frequently asked questions - please click on to the question which you would like the answer to. |
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| Why go to Court? | |
| Litigation (legal proceedings) should be looked on as a last resort. Every effort should be made to resolve matters prior to issuing Court proceedings. However, when all else fails there is no alternative if recovery if to be made and the other side will not comply. | |
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| Which Court will hear my claim? | |
| Your claim will be issued in an appropriate County Court. This does not affect you if Judgment in Default is obtained. If a defence is filed you will be sent an Allocation Questionnaire (AQ) and paragraph (B) allows you to request that the claim be moved to a court near to you. The simplest way to find your nearest court is to look in your telephone directory under the heading of County Court. Just note the address and copy it into paragraph (B) on the Allocation Questionnaire. When allocating a location the court will take into account both AQ's and if you are an individual and the Defendant is a company your selection of court will probably be accepted. However if you are both individuals (or both companies) the court will probably give preference to the Defendant. |
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| Will I get my money? | |
| This depends on the status of the Defendant. If it is a company which has ceased to trade and has no assets then recovery may be in doubt. The same applies to private individuals who could be unemployed or bankrupt. There is no guarantee of recovery of funds and it is always a good idea to determine prior to proceedings if the Defendant will be able to pay. |
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| Will I lose the Court Fees? | |
| The Court fees will be added to your settlement when you obtain a successful judgment. Depending on the status of the Defendant these fees can then be recovered. | |
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| Will I need to go to Court? | |
| With a valid claim it is seldom necessary to attend Court. Defendants prefer to settle prior to any hearing rather than go to the trouble of making an appearance - especially if they know that they will lose. However, sometimes it is necessary for a hearing to take place in order for the matter to be settled. Although the court will accept written evidence - provided that at least 7 days notice is given - there is no substitute for a personal appearance where by a case can be fully stated to the District Judge. Claimants who live abroad can submit written evidence only. An application to do so must be made to the court at least 7 days prior to a hearing. |
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| Do I need a solicitor? | |
If your claim is below £5,000 or does not involve compensation for personal injuries it is generally not necessary to employ a solicitor - however we may use a solicitor to draw up the Court documents and to deal with any ensuing legal documents. The costs are classed as fixed costs and are recoverable. Some claims can be complex and require detailed legal argument. Such claims may require the services of a solicitor specialising in that type of claim and we will advise you to seek such advice if your claim is not covered by our remit. |
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| If I lose will I need to pay the costs of the other side? | |
| District Judges have the authority to award costs against a claimant who pursues a frivolous or malicious claim. However, if the claim is a genuine attempt to recover by the claimant what is believed to be an honest loss then there is little chance of costs being awarded against the claimant. | |
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| Will represent me in court? | |
| It is not economically practical for us to attend court for each claim. The whole point of the Small Claims Court is that a layperson can state their case before the District Judge without the need for representation. Small Claims will provide you with guidelines to enable you to present your case correctly. |
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| Do provide a legal advice service? | |
We provide a cash recovery and court document processing service. It would be completely inappropriate for us to provide legal advice on the basis of information provided in brief emails. Our remit is to gather sufficient relevant information to ensure that the claim is progressed as expeditiously as possible within the county court system. |
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Small Claim forms 2012 (downloads)
- Making a small claim? Some questions to ask yourself
- How to make a claim
- Debt recovery for businesses
Stage 2: The defendant's response
- A claim has been made against me - What should I do?
- No reply to my claim form - what should I do?
- The defendant disputes all or part of my claim
- The defendant admits my claim - I claimed a fixed amount of money
- The defendant admits my claim - I did not claim a fixed amount of money
- The small claims track
- The fast track and the multi track
If you have delayed issuing proceedings for any reason, you may wish to seek legal advice before issuing your small claim.
{Please note the above forms are copyrighted to HMCS}
- Need small claims forms for Scotland? see Small Claims Forms
- Need free legal advice from your CAB see Citizens Advice Bureaux