The system for handling small claims can be designed to be cheap and easy to use. You do not always need to use a solicitor.
However, during a court case, it is recommended as they can provide all evidence in your favour. Learn the processing time.
Small claims only apply to claims for £5,000 or less (or £1,000 or less if the claim is for personal injury or housing disrepair), against a person, business or company in England & Wales, and claims for £3000 or less against a person, firm or company in Scotland. Contact us for more information.
For non-monetary small claims the small claims court fee is £250, but for money claims the exact figure will depend on the amount of your small claim. At present, the small claims court fees are as follows:
|Small claims court fee
|Up to £300
|Up to £500
|Up to 1,000
|Up to £5,000
Obtaining a judgment
During a court proceeding, evidence will need to be presented in court by a solicitor, but how do you gather evidence in the first place? If you’re in London and you need help to gather evidence in your favour, hiring a private detective based in London can help to build your case and get the truth out there. We recommend a private detective based in London find out more here.
After the issuing of proceedings the Defendant has 21 days to reply. They have the following options:
- To ignore the claim
- To admit the claim in full
- To defend the claim in full
- To admit part of the claim
- If no response is received by the court judgment in default can be applied for
Having obtained a judgment against the defendant it is necessary to instruct the court to collect the sum awarded.
Such enforcement proceedings will involve a further fee – which is added to the claim. There are other ways of enforcing judgments such as Attachment of Earnings orders, Third Party Debt Orders and Charging orders – all of which require a Court fee of £50.00.
Should you decide to issue a Bankruptcy or Winding-up Petition the fee will be £150.00. The above fees are added to your claim.
The Small Claims support service
Small Claims will prepare your Court documents, submit them to the Court, liaise with the Court and the Defendant and advise you as to how to prepare your document bundle in the event that you should need to attend Court. Find out more about the cost.
Legal page last ppdated on December 14, 2020