Completing the Small Claims Court Form

If you are owed a sum money by an individual or business and are having problems getting that money paid to you, the small claims court can offer you a legal option to claim the money you are owed.

The amount of money you are owed and where you live will impact on the type of small claim you can make. The amounts of money you can claim usually come under what is called the Small Claims Track. The amount of money you can claim using the small claims system depends on your location:

England and Wales

A small claim can be made up to the value of £5,000

Scotland

A small claim can be made up to the value of £3,000.

Northern Ireland

A small claim can be made up to the value of £2,000

Before You Make Your Claim

It is important to remember that the courts will want to see documentary evidence that you have attempted to settle the dispute you have over an unpaid debt yourself. If you need help you can contact the National Mediation Helpline on 0845 603 0809 for via their website at: www.adrnow.org.uk.

Also, before you begin a formal small claim through the legal system it's a good idea to read leaflet EX301: Making a Claim? Some questions to ask yourself. You can download this leaflet from the HMCS website: www.hmcourts-service.gov.uk/courtfinder/forms/ex301.pdf. This will give you an insight into the process you will have to go through to make your small claim. If you still want to proceed you can obtain the forms you need from your local County Court. Their office is usually open between 10am and 4pm. The forms are also available to download from the HMRC website. You can also consider using the online system Money Claim Online.

Money Claim Online

To speed up the small claims process and to make it easier for the general public to access this service the Money Claim Online system was developed. This is an Internet based service where you can complete your claim and file this electronically online. You can then track the progress of your claim as it moves through the various stages of the judicial system towards a satisfactory conclusion for both parties. You can read more information about this service and begin your claim on the HMCS website: www.hmcourts-service.gov.uk.

Completing the Forms

In the small claims process you are referred to as the claimant. The person you are in dispute with over the money they owe you is called the defendant. It's important to understand the distinction so you have the right forms and ensure that the correct numbers of copies are sent to their right destinations. Generally, you keep on copy of your claim form. One copy is submitted to the court, and one last copy is sent to each defendant you are claiming from as you could be making a claim from multiple defendants.

The forms you have to fill in are divided into sections to make them easier to complete. Each section has supporting notes that you should read before completing your claim form. It's vitally important to ensure the information on your claim form is accurate. Remember that the staff at the court you obtained the small claim forms from cannot help you with advice when filling in your forms. If you need help consult your local Citizens Advice Bureau, or the Community Legal Service Direct on 0845 345 4345.

Small Claim Court Fees

The small claim form you complete must be sent or taken to your local County Court together with the court fee. There is a sliding scale of charges for fees based on the amount of money you are claiming. You can see the current range of fees on the HMRC website: www.hmcourts-service.gov.uk/infoabout/fees/county.htm.

Claiming Interest on the Money You are Owed

When you are completing your claim form you will be asked the amount of money you want to claim from the defendant. If you want to claim interest, the amount must be clearly stated in the 'particulars of claim' section of your form. You can see how to work out the interest on the amount you are owed in leaflet EX302 that is available to download from the HMRC website.