How To Take Someone to Small Claims Court in the UK
If someone owes you money, you can make a court claim with your county court to get an order for the person to pay you.You can either make your claim online or on paper.The judge will issue the order if they agree with you that the person owes you money.The court has a number of remedies it can use to collect money if the person doesn't pay.
Step 1: Send a demand letter to someone who owes you money.
Write a letter to the person who owes you money if you haven't already.You can use a method that lets you know when the letter is received.If they don't pay you by the deadline, you should give them the following information: how much they owe you, any steps you've already taken to try to get the money, and what you plan to do.
Step 2: A mediation service can be used to negotiate a solution.
Although the court doesn't require you to mediation, it could be cheaper and less stress to resolve your problem this way.An impartial professional helps both sides in a disagreement come to an agreement through mediation.You can still file a claim if mediation fails.You can find a mediation service near you by entering the city or town where you live.
Step 3: For small, fixed amounts of money, complete the online claim form.
You can file your claim online if you're claiming less than £10,000.Information about yourself and the person who owes you money can be provided.The online claim form can be used by residents of England or Wales who claim a specific amount of money.You can file a simple procedure claim if you live in Scotland.If you live in Northern Ireland, you can register for online services.You have to register for an account with the Department of Justice to file a claim online.
Step 4: If you can't file your claim online, fill out a paper claim form.
Write your information on a paper form and mail it to the court if you don't have reliable internet access.If you want the court to figure out how much money you are owed, you need to use a paper form.You can download the form if you live in England or Wales.You can mail your completed form to the County Court Money Claims Centre.You can download the form if you live in Scotland.Send the completed form to the sheriff's court.The address for your local court can be found at http://www.scotcourts.gov.uk.You can download the form if you live in Northern Ireland.Mail your completed form to the Civil Processing Centre.
Step 5: You should pay the filing fee.
When you submit your claim to the court, you must pay a filing fee.The fees are cheaper if you file your claim online.You can pay online fees with a credit or debit card.The court fee is based on the amount of money you're claiming.Make an estimate and pay the corresponding fee if you don't know how much money you're claiming.You may have to pay additional fees if you end up getting more money.If you file your claim online, you will pay a fee of £70, if you submit a paper form.The table with the fees can be found at www.gov.uk/ make-court-claim-for-money.
Step 6: Wait for a response from the person you have a claim against.
The deadline for the person to respond to your claim is when you'll get a letter or email.You'll get a copy of their response when they respond.When you take them to court, some people will simply pay what they owe you.They will be able to pay you online if you submit your claim online.You can ask the court to make a judgement in your favor if you don't get a response.Request forms can be found at the court.You may have to go to court if the person denies that they owe you money or less than you claim.
Step 7: An effort should be made to come to an agreement outside of court.
If you haven't used mediation before, make an appointment with the other person.If you have access to other services, you can help the two of you settle the claim without going to court.You can find information about local resources in the court.Citizens Advice can give you information about dispute resolution services.
Step 8: The court needs to know more about the case.
The court may send you a form with questions if there is a disagreement about your case.It is easier for the judge to evaluate your case if you answered the questions correctly.If you decide to go to court, you will have to pay additional court fees.On your questionnaire, the fees will be listed.
Step 9: Talk to a lawyer.
It is possible to represent yourself in small claims court.If this makes you nervous, you can pay a lawyer.You can find someone who will represent you for free or for a reduced fee if you have a low income.Citizens Advice is a nonprofit organization that can give you advice.You can bring someone else with you to court if you don't want a lawyer.They don't have to be lawyers.If you want them to speak on your behalf, you need to get permission from the court.
Step 10: You can present your case to the judge.
Arrive to court early with any documents or information that is neatly organized.You can tell the judge about your claim when your case is called.Stick to the facts of your case and speak clearly.If the judge asks you any questions, stop talking and answer them.Only address the judge.Speak to the person who has the claim against you.After hearing from you and the other person, the judge will make a decision.You will get a copy of the decision in the mail.
Step 11: Request proof of the person's ability to pay.
The person's income and spending can be ordered by the court.They usually give income statements, bills, or bank account records.This information can be used to determine if the person has the means to pay you.You can use other methods to enforce your judgement once you have this information.
Step 12: If you filed your claim online, you can use the Money Claim Online service.
Register for an account at www.moneyclaim.gov.uk.The service can be used to enforce judgement.Before you start using the service, you should read the user guide.If you want to print or save the user guide, you can download it from the website.You can contact the help desk if you have a problem with the service.You can send an email to the justice.gov.uk.
Step 13: The person owes you money and you want to collect it.
If you apply to a county court or a High Court, the court will send the bailiffs to collect the money.The person will have to pay within 7 days.The person will be visited at their home or business to see if anything can be sold to pay the debt.If you're applying at the High Court, it can be difficult to apply to send bailiffs.You might want to seek legal advice.You can apply using a paper form or online.
Step 14: You can ask the court to take money from the person's wages.
If you know that the person is making enough money to pay you, but they've refused to do so, you can have the court take money directly from their paychecks until the judgment is paid in full.An order is sent to the person's employer by the court.You can request the court to take money from the person's wages if you live in England or Wales.
Step 15: You can have the person's assets frozen to recover money.
Money can be frozen in the person's bank account.The court will decide if the money in the accounts can be used to pay the judgment if you request it.If you live in England or Wales, you can apply for a third party debt order.
Step 16: The person's land or property can be charged.
The court places an order against the land or property when it charges someone.The person has to pay the order before they can get any money off the sale of the property.If the person doesn't have a lot of money or income, this can be a good option.If you live in England or Wales you can apply for a charge to be placed on the land.