Does somebody owe you money, but hasn’t paid you back? You can make a claim against them at court, and this is commonly known as taking someone to the ‘small claims court’ if the debt is under the sum of £10,000.00.
To initiate a claim and to take the matter through the court process, there are court fees that have to be paid by you but in some cases, these can be reclaimed from the debtor. The court fee is based on the amount you are trying to claim plus interest and it is important for claimants to note that using the money claims online process will be cheaper than sending your forms to the court centre.
The person or business you are making a claim against must respond to your claim within 14 days of receiving it. You can withdraw your claim if the other side make you an offer that you are happy with. If a hearing is listed, you can represent yourself, pay for a solicitor to represent you or ask someone to speak on your behalf with the court’s permission. The hearings can be held in the judges room or a court room at a county court.
At the hearing the court will decide the outcome of the case. If you disagree with the decision you can appeal within 21 days of the date of the decision.
If a judgment is entered against the debtor and is not paid, there are many options a claimant can consider taking. For example, bailiffs can be instructed to attend the debtor’s home/business to see if any possessions can be sold to pay the debt. Alternatively, money can be deducted from a debtor’s wages or the court can freeze money in a debtors bank where the court will then decide if money from the account can be used to pay the debt. A charge can be applied to the debtor’s land or property.
Some claimants find using a mediation service is quicker and easier than going to court. Mediation helps two sides work out an agreement, but obviously in some cases mediation is not possible. If the other side denies owing any money, there will have to be a court hearing. A court order can make the other side pay if they do not respond or admit to owing you the money. If they still don’t pay, enforcing the judgment as referred to above will be the next course of action to take.
Frances Jacobs is one of our Solicitors in Leicester, who are all experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.Talk to our legal team
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