You can apply to a county court to claim money you are owed to by a person or business. This is known as a court claim. It often used to be known as taking someone to a ‘small claims court’. You can apply online or by post.

 

A mediation service could be both a cheaper and quicker alternative, and this is when an unbiased person helps both sides to an agreement.

 

Part 7 Civil Procedure Rules set out the process for court claims for money only. A claimant must follow the correct steps before court action and issue a claim form and particulars of claim correctly.

 

The defendant can decide whether they want to:

 

• Admit the claim.

• Admit part of the claim and defend part.

• Defend the claim.

 

If the defendant does not respond to the claim, the claimant can apply for default judgement.

 

Procedure:

 

Claimant steps before court action:

 

Where the claimant is a business (including landlords), the steps they take before they can issue a money claim depend on the type of debt they want to enforce.

 

Pre-action protocol for debt claims:

 

Requires the claimant to send a letter of claim to the defendant before starting court proceedings. The letter of claim must state:

 

• The amount of debt

• Whether interest or other charges are accruing

• Whether the debt is an oral or written agreement

• Details of how the debt can be paid.

 

The claimant must send a statement of account with the letter, showing what interest and charges have been added.
 

They must enclose an information sheet and reply form.

 

How claims are issued:

 

We will assist the claimant to complete the relevant form to make a County Court money claim. Also we can deal with Money Claims Online (MCOL) service if the claim is:

 

• For a fixed amount of money less than £100,000

• Against no more than two defendants

• Served to a defendant with an address in England or Wales.

 

After you make a claim:

 

Your claim, including your name and address will be sent to the person or business owing you money (the ‘defendant’).

 

They must then respond to your claim. You will either be sent a letter or an e-mail telling you the date to respond by.

 

What happens at the hearing

 

If there is a hearing, you can either:

 

• Represent yourself.

• Pay for a barrister or solicitor to represent you.

• Ask someone to advise you in court – they do not have to be a lawyer.

• Ask someone to speak on your behalf – you might need to get the court’s permission.

 

Your hearing can be held in the judge’s room or a courtroom in a country court if your claim is less than £10,000. There might be a formal hearing if you are claiming for more.

 

After the hearing

 

You will get a decision on the day of the hearing. The court will also send you a copy of the decision by post.

 

If your case is successful and you win your case, the court will order the person or business who owes you money (the ‘debtor’) to pay you. There are ways the court can collect your payment if they ignore the court order.

 

Appeal the decision

 

You can appeal the decision if you think the judge made a mistake during the hearing. You must do this within 21 days of getting the decision.

 

Enforce a judgement

 

You can ask the court to collect payment from the person or business who owes you money (“the debtor”) if they do not pay you after receiving the court order.

 

You must pay a court fee when you ask the court to collect the payment.

You can also:

 

• Send bailiffs to collect payment.

• Get money deducted from wages.

• Freeze assets or money in an account

• Charge the debtor’s land or property.

 

We have extensive experience in handling money claim matters. To discuss about your money claim matter with one of our Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.