Make a Claim in the Small Claims Court

If an individual or a business owes you money that they refuse to pay to you, the small claims court can be used to try and recover the money you are owed. Generally, you can use the small claims court to make a claim for under £5,000 in England and Wales. You can also make a small claim for:

• Faulty goods
• Damage to your property
• Poor workmanship
• Road traffic incidents
• Personal injury

Remember that you must try and recover any money you are owed yourself before moving to the small claims court. For instance, if you have bought goods that are faulty, you should first try and resolve the issue with the supplier before going to the small claims court. If you do not, you could face a penalty.

The small claims court isn't a special court that only hears this type of case. Small claims are usually heard by the County Court, but some cases can be heard by the High Court. The court will look for evidence that you tried to resolve the issue via arbitration or by using the Alternative Dispute Resolution before assessing you claim.

Making a Claim

Before you make your claim 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. This will give you valuable information about how the small claims system works. If after reading the leaflet you still want to pursue your claim, you can use the Money Claim Online service.

Money Claim Online

As many small claims can often be settle very quickly without the need for a court appearance, 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 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.

Generally, you can use this service if:

• You are making a claim against no more than two people.
• The amount you are claiming is fixed, but less than £100,000.
• You live within England and Wales.
• The person you are suing lives within England and Wales.
• You have a valid credit or debit card.
• You are over 18 years of age.
• You are not defined as a patient under the 1983 Mental Health Act.
• You are a legally assisted person as defined within the 1988 Legal Aid Act.

If want to begin your claim you can choose whether to begin your claim as a claimant or defendant by visiting the HMCS website: www.moneyclaim.gov.uk.

Begin Your Claim

It is important that you accurately complete all the forms that your small claim requires. If you need help your local Citizens Advice Bureau has experience of the small claims system. If you are making a claim the form will be sent to the defendant. If the form is returned for N216 will be issued but your claim will continue.

If the person you are making a claim against receives your claim form, they can take one of a number of actions from the HMCS website (www.hmcourts-service.gov.uk) including:

• Fully admitting the claim you are making against them. Download leaflet EX309 that explains what will happen next. If you didn't claim a fixed amount of money, it's a good idea to also read leaflet EX308.
• The defendant disputes your claim. Leaflet EX306 explains what to do in these circumstances.

Court Proceedings

Your small claims hearing could attract fees that you may have to pay. You can download load form EX160A: Court fees to you have to pay them?

The type of claim you want to make through the courts could be allocated to the fast or multi-track system depending on the type of dispute you are in and the amount of money you are claiming. Leaflets EX305 and EX307 have detailed information about these services. You can download them from the HMCS website.

Using the small claims system should be your last resort after attempting to resolve your dispute either directly with the party you are having problems with, or via a third-party arbitration service. As with all court proceedings, you are not guaranteed that your case will be successful. You may also have to pay court costs, which you should take into consideration when making your claim.