Small Claims Court Process
What is the process of claiming in an English small claims court?
The first step in the process of claiming in an English small claims court is applying for a claim form to be issued.
As the claimant, you start a small claim by filling in a claim form (available from local courts or online). The claim form is used to specify details of the case including how much you wish to claim. If the details of the claim are extremely complicated, you can consult an experience adviser such as a solicitor to help you fill out the form.
Additional documents can be attached to the claim form in order to help the case. For example, if there is a written agreement or a contract in place these should be attached to the claim form.
If you are claiming for a fixed amount you can start the claim online (http://www.moneyclaim.gov.uk). These claims will be issued and sent to the defendant the same day the claim is submitted.
Issuing the Claim Form
Once the claim form has been completed the next step in the process of claiming is to issue the claim form. You should take two copies of the claim form to the local county court; you must also send the court fee which is based on the amount of money you are claiming.
The court will then process the form and place a court seal on the documents. The forms are then served to the defendant. The court usually serves the claim form by sending it to the defendant using first class post. You may wish to serve it yourself, you can request the court to give back the claim form once it has been stamped and processed so that you send it to the defendant yourself.
If the defendant accepts liability and accepts that they owe you money, the case will not go to the small claims court. The defendant should either pay immediately or make arrangements to pay in installments. If the defendant defaults on payments then as the claimant you can take legal action forcing them to pay.
If the defendant does not accept that they owe you money that is being claimed then they will be defending the case. The defendant must respond to the claim form within 14 days of receipt with a written defence.
Allocation
Once all forms have been submitted back to the court, it is then decided whether to allocate the claim in the small claims court. This notice of allocation form tells the parties how to prepare for the final hearing. For example, both parties could be told to send documents they intend to use to the court and to other party 14 days prior to the hearing. The allocation form will also state when the final hearing will be.
The Hearing
The courts can choose to deal with your claim without holding a hearing. The small claims court can consider your case based on the evidence presented to them on paper. The claims court may also consider dealing with your case via a telephone hearing if you and your opponent agree and are both legally represented. If the court has video conferencing capabilities then it is also possible to hold a hearing via video link.
If the court holds a final hearing it’s usually held in the public arena but it can also be done in private depending on the nature of the claim. Hearings in the small claims court are informal and the strict rules found in other courts are not adhered to.
At the end of the hearing, the judge will pass judgment and give reasoning behind the verdict.
It should also be noted that you don’t have to attend a hearing as long as you give seven days notice before the hearing to both the small claims court and your opponent. If you are not attending you can send written evidence to the court and the small claims court will take your evidence into account when deciding on the verdict of the claim.
Appeals
You are able to appeal against the outcome of the case if you believe the small claims court has made a mistake in law or you think there are irregularities in the claim proceedings. If you wish to appeal against the final verdict you must send a notice of appeal within twenty one days, this is subject to a small claims court fee.
The first step in the process of claiming in an English small claims court is applying for a claim form to be issued.
As the claimant, you start a small claim by filling in a claim form (available from local courts or online). The claim form is used to specify details of the case including how much you wish to claim. If the details of the claim are extremely complicated, you can consult an experience adviser such as a solicitor to help you fill out the form.
Additional documents can be attached to the claim form in order to help the case. For example, if there is a written agreement or a contract in place these should be attached to the claim form.
If you are claiming for a fixed amount you can start the claim online (http://www.moneyclaim.gov.uk). These claims will be issued and sent to the defendant the same day the claim is submitted.
Issuing the Claim Form
Once the claim form has been completed the next step in the process of claiming is to issue the claim form. You should take two copies of the claim form to the local county court; you must also send the court fee which is based on the amount of money you are claiming.
The court will then process the form and place a court seal on the documents. The forms are then served to the defendant. The court usually serves the claim form by sending it to the defendant using first class post. You may wish to serve it yourself, you can request the court to give back the claim form once it has been stamped and processed so that you send it to the defendant yourself.
If the defendant accepts liability and accepts that they owe you money, the case will not go to the small claims court. The defendant should either pay immediately or make arrangements to pay in installments. If the defendant defaults on payments then as the claimant you can take legal action forcing them to pay.
If the defendant does not accept that they owe you money that is being claimed then they will be defending the case. The defendant must respond to the claim form within 14 days of receipt with a written defence.
Allocation
Once all forms have been submitted back to the court, it is then decided whether to allocate the claim in the small claims court. This notice of allocation form tells the parties how to prepare for the final hearing. For example, both parties could be told to send documents they intend to use to the court and to other party 14 days prior to the hearing. The allocation form will also state when the final hearing will be.
The Hearing
The courts can choose to deal with your claim without holding a hearing. The small claims court can consider your case based on the evidence presented to them on paper. The claims court may also consider dealing with your case via a telephone hearing if you and your opponent agree and are both legally represented. If the court has video conferencing capabilities then it is also possible to hold a hearing via video link.
If the court holds a final hearing it’s usually held in the public arena but it can also be done in private depending on the nature of the claim. Hearings in the small claims court are informal and the strict rules found in other courts are not adhered to.
At the end of the hearing, the judge will pass judgment and give reasoning behind the verdict.
It should also be noted that you don’t have to attend a hearing as long as you give seven days notice before the hearing to both the small claims court and your opponent. If you are not attending you can send written evidence to the court and the small claims court will take your evidence into account when deciding on the verdict of the claim.
Appeals
You are able to appeal against the outcome of the case if you believe the small claims court has made a mistake in law or you think there are irregularities in the claim proceedings. If you wish to appeal against the final verdict you must send a notice of appeal within twenty one days, this is subject to a small claims court fee.
