There are a lot of reasons as to why you might use the small claims court process, including if you are owed money. For example, a business might owe you money for services provided, or you might have lent a loved one money and they’re refusing to pay it back. You can claim a maximum of £10,000 and so it’s an option for a lot of debts, but there is a specific process that you have to follow.
Our Step by Step Guide to the Small Claims Court Process
In England, there are certain steps that you need to follow to pursue a debt via the small claims court.
- Fill in Claim Forms – You will need to provide all of the necessary information about your claim before starting the process. This includes the name and address of the debtor, or the registered address if you are making a claim against a business. You will need to detail the reason for your claim and the amount that you’re claiming for.
- The Defendant’s Response – You will then need to wait for the debtor to respond and they have 14 days to do so. They can dispute the claim and give a reason why, or they could decide to accept the claim. They can accept the claim in full or in part.
- Fill in Directions Questionnaire – Once the court has received a debtor’s defence, they will send out a directions questionnaire. This will detail what both of you need to do before the hearing takes place. You must both complete the questionnaire and provide any documents the court has asked for.
- Go to Court – If the debtor claims to not owe you any money or if they disagree with the amount that’s owed, you might be asked to go to court. This can also happen if you don’t agree with the debtor’s suggestion of how the debt should be repaid. You will also have the option to work with a mediation service in the hope of reaching an agreement outside of court.
- Exchange Evidence – Both parties will need to exchange evidence 14 days before the hearing. Depending on the evidence, it might be easier to settle the claim outside of court. However, there’s no guarantee that you’ll get a full refund of your court fees.
- Find a Resolution – If you win your small claims court case, the judge will specify how long the defendant has to pay you. If they don’t pay within that time, further action can be taken, but this can be time consuming and there’s no guarantee of success.
Our Alternative to Small Claims Court
Though taking a debtor to court can be effective, it can also be a long, stressful process. There’s no knowing how long you will have to wait for your claim to be heard by the court, and there’s no guarantee of success. This is why a lot of people choose to enlist our help.
As a debt collection agency, we are on hand to help you recover funds that are rightfully yours. We work quickly, using a wide range of tools and techniques, to ensure that you receive payment as soon as possible and without delay. Contact us today to find out more.
