Small Claims Court
What is it, where is it, and how can it work for you?
What is it?
- An offshoot of the County Court, and a place to bring your case if you're claiming money (i.e. unpaid invoices), goods or property to the tune of 5,000 pounds or less.
- Tenants have the right to use the Small Claims Court (SCC) in claiming compensation from their landlord (max 1000 quid) or to force him/her to carry out necessary repair work to the property.
- The SCC will also hear personal injury claims, up to 1,000 quid.
- Ultimately, the SCC is a good place to settle minor financial grievances without drawing upon expensive legal teams to front your case.
- In Scotland, small claims are handled via the Sheriff's Court, for sums up to £750. In Northern Ireland, the limit is £1,000.
How do I find it?
Check out your local phone directory, under Courts, or use Find-It to track down your local Citizens' Advice Bureau (CAB).
How do I start a case?
If you're 18 or over, then drop in to your local County Court and fill out a claim form.
You'll need to state:
- The name and address of the person/company you're claiming against.
- The amount you're claiming and the reason why.
- Whether interest is applicable (charged at 8% per annum)
- If it's a personal injury claim, you'll need an official medical report.
Once you've filled it in, you need to hand the form to the court. They will stamp it, hand a copy to you and send a copy to your opponent. S/he will be expected to fill in the details requested, and return the form to the court. After that, if a hearing is necessary, the court will inform you of the date. Often the whole case can be sorted out by correspondence, or the defendant may just cough up at the first whiff of legal letter heading. And if it does involve a real hearing, it won't last more than a couple of hours, or a day at the max.
What if I win?
Your opponent will be bound to pay the compensation agreed by the judge, plus fixed costs (court fees, solicitor's charges, travel expenses and loss of earnings.) However, if they've gone bust, or can't pay, then you may not get your money.
What if I lose?
See above, only you could be liable to stump up for some of your opponents costs.
The bottom line is this: The SCC can be an effective means or reclaiming your money (and your pride), but you have to be realistic about your chances of succeeding before you start puffing out your chest and vowing to strike down your opponent with great vengeance and furious anger.
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