Information about Small Claim Courts

The small claims court is typically used to settle disputes over money that cannot be settled in another way. Also, the small claims process can be used to settle disputes over damage to your property, personal injury, faulty goods, road traffic accidents and bad workmanship.

Bear in mind that you now have a number of other options available to you that could settle your dispute without resorting to a court case. Systems include ombudsmen schemes, mediation and arbitration. Collectively they are known as Alternative Dispute Resolution (ADR) schemes.

Which Court to Claim your Money

It is a requirement that you exhaust all other means to settle your dispute before you go to court. The Money Claim Online website is a fast and convenient way of making your claim as the entire process is done via the Internet. You can pay all fees and track your claim from any computer connected to the Internet.

The court you will have to use for your claim will depend on how much money you are trying to recover. The Money Claim Online system enables you to make claims of up to £100,000. Claims of over £15,000 can be heard at the high court and claims in the small claims court can be up to £5,000. The County Court can hear claims of any amount with no upper limit.

The Cost of Making your Claim

Using the small claims system will mean you have to pay a court fee. The level of this charge depends on how much you are claiming. If you are claiming state benefits you will usually not have to pay any court costs. Also, if you can show that paying the court costs would cause you hardship, you may be able to get a reduction in the fee you have to pay.

If your case requires witnesses, you may have to pay their costs that can include the money they have lost through a day off work, and their travelling expenses. If you win your case, the defendant may be ordered to pay these costs to reimburse you. Also, if your case requires expert testimony, you may have to pay these costs. Again, the defendant may be ordered to pay these costs if you win the case.

Will I Get My Money?

If you are trying to claim from a person who has declared bankruptcy, you are unlikely to get your money. You can contact the Insolvency Service by telephoning: 0845 602 9848 who will be able to tell you if the person you are claiming against is insolvent and therefore will not have the assets to pay your claim.

If you are claiming against someone who already has other claims against them, again it's unlikely that you will get the money you are owed. You can check if the person or company you are claiming against already has any claims or 'judgements' against them by contacting the Registry Trust on: 0207 380 0133. You will have to pay a fee to search their database. This is well worth it as it could save you time and money on a claim that is unlikely to succeed in the small claims court.

Remember that even if you win your case the court will not take any further steps to force the defendant to pay you what they owe. You can go back to the court if you are not paid and ask for what is called an 'enforcing your judgement' to begin, but this will mean you have to pay an extra fee.

When You Need a Solicitor

Generally, claims under £5,000 can usually be dealt with yourself using the small claims court, or the online claiming system. If your claim is over £5,000 and is for any kind of damages, it is advisable that you use a solicitor. Claims for personal injury can be complicated. It's often a good idea to talk to solicitor before you begin your claim as they can advise you if your cases is likely to be successful.

You can also use one of the many businesses that have sprung up over recent years that offer a no win, no fee service. Most of these businesses are completely legitimate and can help you with your claim, but it's still a good idea to check the business you want to use is operating legally by calling the Claims Management Regulation department at the Ministry of Justice on: 0845 450 6858.

If you do decide to make a claim, your first step should be to read leaflet EX302 'How to make a claim' and leaflet EX301 'Making a claim? Some questions to ask yourself' that you can download from the Justice website.