There is a lot that goes into pursuing a debt through the small claims court, and it’s a route that a lot of people take when they are owed money. This guide will take you through the entire process from beginning to end.
Before Making a Claim
Before you begin the small claims court process, it’s always a good idea to attempt mediation.
Mediation is the process of trying to come to an agreement with the other person, using a neutral third party to understand each other’s perspectives. The aim of meditation is to work towards a resolution that both of you are happy with, but it’s not always successful. If it’s not, begin gathering evidence and calculating the damage caused, and what you are owed. You will need this information to start the claims process.
Starting the Claims Process
There are a lot of forms to complete and submit to start the claims process. You will need to know how much you are owed, the damage that’s being caused and you will need to prove that the person you are pursuing is the one that owes it to you. Before you start the small claims court process, you will need to pay the court fees. The amount you need to pay will depend on how much you are claiming, and fees can range from £35 to 10% of the claimed amount.
Preparing for Court
Once the small claims court process has begun, you will need to prepare everything for court. This involves organising all of the relevant documents, compiling evidence of the amount owed and preparing your argument. You will need to showcase how much you are owed and by who. The more prepared you are, the less stressful you are likely to find the process.
At the Hearing
It’s important to arrive on time for your court hearing. The hearing is when you will present your case to the judge and explain exactly what the disagreement is. Both parties will have a chance to share their side of the story, and each side can decide to cross examine the other.
The Judgement
Once the hearing has taken place, the judge will make a judgement and decide on the outcome of the claim. This is when you will find out if you have won or lost, and what the next steps are. For example, if someone will be forced to repay you, and how that will happen. If either side is unhappy with the judgement, the next stage is the appeals process.
At Cobra Financial, we understand that the small claims court process can be complex and daunting. Plus, it’s by no means a guaranteed win. This is why we urge people to consider using a debt collection agency, as it’s an effective and simple way of recovering money that’s owed to you, without having to navigate the courts. Contact us today to find out more.
