SMALL CLAIMS COURT
The Small Claims Court
is a low-cost, quick and informal way of settling disputes where
the value is
less than £2,000. According
to research carried out for the Consumer Association, 7 in every
8 people who start a claim will complete their case, and of those
who win, 4 in every 5 get their money. That’s 1 in 5 who
doesn’t!
What are Small
Claims Courts?
What to think
about before you go to the Small Claims Court
What sort of claims can be dealt with?
Where can I get advice?
How do I make a claim?
What happens then?
What happens if I settle my claim with the respondent?
What happens if my claim is disputed?
What happens if my claim is not disputed?
Do I have to go to the hearing?
What are Small Claims Courts?
Small Claims Courts are designed to allow certain types of small claims to be
decided informally in the county court, usually without the need for a solicitor
or barrister. These claims are decided by a District Judge. The method of
dealing with the case is known as arbitration; the person making the claim
is called the applicant; and the person against whom the claim is made is
called the respondent.
What to think about before you go to the Small Claims Court
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Think about the suitability of
your case
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Can I settle out of court?
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Will I get my money if I win?
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Should I seek help?
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How much will it cost me? |
Before you begin a claim, the Enforcement of Judgements Office
(EJO) can make a search against a possible debtor for a small fee.
This will show whether the respondent already owes any money to
other people. You can then use this information to help you decide
whether to issue your small claim.
Send a final letter to your opponent saying that you will issue
a claim unless they settle within 14 days
The court will send
a copy of the claim to your opponent with a reply form. Your
opponent has 14 days from receiving
the claim
to reply and up to 28 days to file a defence. If they don’t
meet this deadline, you can apply for a default judgement. If they
do file a defence, the court will send you a copy.
Prepare for court
At least 14 days before the hearing, each side must send each
other copies of all the documents they intend to use. Make notes
of what you want to say and ask, and go over them before you go
to court. Remember to take all documents relating to the case with
you.
Independent witnesses and reports can be vital to making a successful
claim.
You can use a solicitor if you wish, though you are unlikely to
have your legal fees paid, even if you win.
What sort of claims can be dealt with?
District Judges can deal with claims where the amount of money
or the value of goods involved is not more than £2000.
Claims can be made for debts, faulty goods, unsatisfactory workmanship
or for damage to your property.
However, some types of claims are excluded from this procedure
as being unsuitable and must be taken to the county court in the
normal way (by way of civil bill). These are claims involving personal
injuries, libel or slander, a legacy or annuity, the ownership
of land, the property of a marriage and road traffic accidents.
Where can I get advice?
For free advice contact and Small Claims Court Office, Magistrates
Court Office, Citizens Advice Bureau or local advice centre.
How do I make a claim?
A claim is made by getting an Application for Arbitration from
your nearest...
Small Claims Court Office
Magistrates’ Court Office
Citizens’ Advice Bureau
Trading Standards OfficeLocal Advice Centre
You should complete
an application form ensuring that the Respondent’s
name and address are as accurate as possible and send it to any
Small Claims Court Office together with the appropriate fee.
Cheques should
be made payable to The Chief Clerk.
What happens then?
A court official will endorse the Application with the date, time
and place of the hearing and will send a copy to you. A copy
will be sent to the Respondent by recorded delivery or first
class post. The original application form will be retained in
the Small Claims Court Office.
What happens if I settle my claim with the Respondent?
If you settle the claim with the Respondent to your satisfaction,
and wish to withdraw the application, you should notify the Small
Claims Court Office immediately , in writing.
If the settlement does not include payment of the court fee and
you wish to recover this amount, you should notify the Small Claims
Court Office that you wish the hearing to proceed to enable you
to recover the fee.
What happens if my claim is disputed?
If the Small Claims Court Office receives a notice from the Respondent
disputing your claim. Or making a counter-claim against you,
a copy of this notice will be sent to you. To facilitate court
listing the case may be adjourned out of the original date for
hearing.
What happens if my claim is not disputed?
If the Respondent admits your claim he/she should notify the relevant
Small Claims Court Office accordingly by returning an Acceptance
of Liability Form. If the Respondent does not reply the claim
may be treated as undisputed.
Do
I have to go to the hearing?
Whether your claim is disputed or undisputed you are required to
attend the hearing, unless you are told by the Small Claims Court
Office that your attendance is not required.
Remember to bring with you any documentary evidence which may support
your claim eg. Letters, receipts, invoices, photographs.
This information was
provided by the NI Court Service
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