When can I go to court?
If someone owes you money, you can take them to court to try and get your money back. You should always try to get your problem resolved in other ways first - court should be your last resort.
The court will expect that, before taking legal action, you have made a genuine effort to come to a reasonable agreement with the trader, and that you have made steps to try and avoid the need to go to court.
The court will also expect you to have written a letter before action to the trader before you go to court. The letter should give details of your claim, and should give notice that if the trader does not respond within a given period of time, legal action will be taken.
You can make a claim for other things as well, for example:
- Bad workmanship
- Property damage
- Goods not supplied or faulty
- Personal injury
If you want to make a claim against someone, consider whether they are likely to be able to pay. If the defendant is out of work or has no assets, you probably won't get your money - even if you win the case. You should consider asking your solicitor to conduct a status check on the defendant before you proceed with legal action.
|
