Avoid Small Claims Court...
Below are our articles on the subject of Avoid Small Claims Court. If you can't see what you are looking for our other categories are displayed on the left under 'Our Quick Links'...
A Guide to Arbitration and ADR
If you're considering resorting to litigation to resolve a dispute, it may be cheaper and quicker to use another method of resolution. This article explains what these are, and the consequences of usi...
An Example of a Witness Statement
An example of a witness statement prepared by a litigant in person for the small claims court. A guide to the format of witness statements and what to include....
Applying to Set Aside a Default Judgment
A guide to default judgments. The definition of a default judgment, different types of default judgments and the legal test for having a default judgment set aside....
Applying to Set Aside a Judgment Made at a Hearing
Setting aside a judgment made at a small claims hearing. The legal tests which apply depending on whether or not the party attended the hearing....
Bankruptcy: How it Works and How it Will Affect You
Bankruptcy is the most drastic form of action that people with debt problems can take. However, it is not without its advantages. Find out more here....
Can Courts Allow Any Small Claim: Genuine or Not?
How do courts treat claims that have no prospect of succeeding? Find out the procedure for summary judgment, and how vexatious litigants are treated here....
Claims Management Companies
Claims managements companies and the services they provide. Regulation of claims management companies and the potential pitfalls of the “no win, no fee” agreement....
Contacting the Other Party Before a Court Case
A guide to communicating with the other side before starting a court case. What to think about when negotiating and the importance of Without Prejudice correspondence....
Court Conduct and Behaviour
What do to before you reach the door of court, advice and tips for preparation and presentation...
Debt Recovery: A Case Study
When judgment is obtained in the county court for an unpaid debt, there are a number of ways in which the judgment can be enforced....
Debtor in the EU?
If you're owed money by someone who lives elsewhere in Europe, you may be able to use the European Small Claims Procedure. Find out how to make a claim, and the procedure, here....
Debts and Credit Policies
If you're in business you need to ensure that the way you deal with debtors is cost effective and consistent but is also fair to them. Here are some considerations about how to reduce your risk of bad...
Draft Your Letter Before Action
Before you lodge proceedings in the small claims court, it is customary (and in some cases a requirement) to serve a letter before action. Here's how to do it and what you should include in your lette...
Establishing Fault in a Small Claim
In a small claim, it is for the claimant to prove their case to a certain standard. This article shows the most common elements in typical cases....
Final Hearing: Giving Evidence
Make sure you present your case as clearly and confidently as possible in the small claims court with this guide to giving evidence....
Format for Self Employed Contract of Hire?
What is meant by a contract of hire of services, whether such a contract must be written and signed and what makes a contract binding on the parties....
Get a Court Judgment Taken Off the CCJ Register
Do you have a County Court Judgment against you? If so you may be able to apply to have it removed from the CCJ register. Discover your options, and what to do, here....
Get Advice on Court Proceedings
A guide explaining what to do if court proceedings are issued against you. The possible responses of a defendant and the danger of ignoring court proceedings....
Get Legal Representation in a Small Claims Hearing
A guide to legal representation at small claims hearings. How to find legal representation and advice. The possible advantages of being a litigant in person....
How Can I Dissolve A Joint Property Ownership?
Different forms of joint property ownership and how to dissolve or sever them. Joint tenants, tenants-in-common and the courts’ powers in relation to joint ownership....
How Court Papers and Documents are Served
A guide to how and where to serve court documents. What is meant by good service and what happens when documents are undelivered....
How is a Small Claims Trial Conducted?
A guide to the conduct of small claims trials. The rules governing trials in general and the different approaches taken by judges to small claims trials....
How to Apply for a Charging Order on a Debtor's Property
Have you got a judgment against a debtor that you need to enforce? If your debtor owns their own home, you might want to consider a charging order. Read all about charging orders here....
How to Apply for a Third Party Debt Order
Is your debtor owed money by someone else? If so, you may be able to apply to the court for a third party debt order. Find out how to do this here....
How to Apply for an Attachment of Earnings Order
If your debtor has an employer, you may be able to apply for an attachment of earnings order. Find out how to do this here....
How to Cross Examine the Other Side
If you're conducting your own small claim, you may be wondering how to ask the other side questions. This article explains the basics of effective cross examination and how to elicit the responses you...
How to Defend a Claim or Counterclaim
If you're being sued in the small claims court, this article explains the most common defences used in civil hearings....
How to Issue a Statutory Demand
Are you owed money by someone or have a county court judgment against them that remains unsatisfied? If so, issuing a statutory demand is the first step to making them bankrupt. Find out how to take t...
How to Make a Claim in Court
What to think about before starting a claim. How to issue a claim in the county courts and the fees that apply....
How to Obtain Information About Your Debtor
If you've obtained a county court judgment against someone, it can be difficult to know how to enforce it. There is a procedure by which you can find out about your judgment debtor's financial circums...
How to Prepare a Witness Statement
A guide to preparing a witness statement for use in the small claims court. The contents, format and use of a witness statement....
How to Succeed in the Small Claims Court
Give yourself the best chance of succeeding in the small claims court with this preparatory guide....
How to Use Case Law and Legal Precedent
A guide to the use of case law and legal precedent in the small claims court. Where to find case law and how to use it in a hearing....
How Witness Statements are Used
A guide to use of witness statements on the small claims court. The law on the preferred format and content of a witness statement....
Important Information About Debt Management Companies
If you're in debt, you may be considering using a debt management company to draw up a plan to help you find an affordable way to service your debts. However, not all companies that offer this service...
Individual Voluntary Arrangements
If you're struggling to meet payments for unsecured personal debts each month, you may want to consider an Individual Voluntary Arrangement. Find out the criteria for eligibility, and how an IVA works...
Introduction to the Small Claims Court
An introduction to the small claims court. The rules that apply to small claims cases. Where and how to start a small claims case....
Is Litigation the Answer?
Do you have a dispute with someone but aren't sure whether to litigate to resolve it? This questionnaire may help you determine whether or not you have exhausted the other possibilities and should lod...
Is My Claim Suitable for the Small Claims Court?
How to decide on the suitability of a case for the small claims court. Examples of claims which are suitable and those claims which are not....
Is Your Claim Suitable for the Small Claims Court?
Not all small claims are suitable for the small claims court. Find out whether, exceptionally, your case may be allocated to a different track at the county court....
Making a Complaint About the Small Claims Court
Unhappy with the small claims court? Find out how to make a complaint about the handling of your case or your treatment by court staff, here....
Making Small Claims Online
A guide to issuing a small claim online. What sort of claims can be issued online, who can use the online service and how much it costs....
Making Your Debtor Bankrupt
After issuing a statutory demand, if you still haven't received payment from your debtor you can proceed to issuing a bankruptcy petition. Find out all about the procedure here....
McKenzie Friend: Non-Legal Friend in Court
What is meant by a “McKenzie Friend”. When and how a party to proceedings may use a McKenzie Friend. Non-legal representation in the small claims court....
Mediation to Resolve a Small Claims Dispute
A guide to using mediation to resolve a dispute, other examples of Alternative Dispute Resolution and the benefits of using these methods instead of going to court....
My Experience of Bad Workmanship: A Case Study
A builder caused damage to a kitchen when he fitted it, and when he was sued issued a counterclaim because he hadn't been paid the full amount for the work he carried out. Find out what happened here....
No Response to the Claim Form?
Have you lodged proceedings in the small claims court and not received a response from the defendant? Here's what to do now....
Notification of Hearing and Allocation Questionnaire
When a claim is allocated to the small claims track. The use and purpose of the Allocation Questionnaire and of a Notice of hearing....
Paying a Judgment Debt by Instalments
Applying to pay a judgment debt by instalments and how the court decides on the level of instalments. How to object to an instalment order....
Personal Injury: A Case Study
A personal injury case study in the small claims court that shows how the claimant can be partially responsible for their accident....
Pre-Hearing Timetable in the Small Claims Court
A step by step guide to the pre-hearing timetable for a case due to be heard in the small claims court....
Preparing Evidence for a Small Claims Trial
The special rules that apply to evidence in small claims trials. Preparing evidence for the trial and examples of the types of evidence that may be used....
Questionnaire: How Should I Get My Money Back?
After obtaining judgment against your debtor in the small claims court, you may need to enforce the debt. This questionnaire is designed to help you decide which method(s) of enforcement are most appr...
Questionnaire: In Debt and Facing CCJs?
Are you in debt and facing the threat of CCJs? There are several options to help you, but whatever you choose to do it is always wise to act fast. Here is an overview of the main options available to...
Representing Yourself in Court
What to expect as a litigant in person. What to do, and what not to do, when representing yourself in the small claims court....
Road Traffic Accident Compensation Claims
Road traffic accident claims in the small claims court. What to do if you are involved in an accident and what happens if you bring a claim....
Sale of Goods, Supply of Services: A Case Study
It can be difficult to establish who is to blame when more than one party is involved in a transaction. This case study shows what can happen when one defendant joins another defendant to the proceedi...
Sale of Goods: A Case Study
Tina ordered some printed t-shirts for her hen night, but sent the printers the wrong photograph. She claimed her money back as well as damages for disappointment. Find out what happened here....
Small Business: Going to Court Over a Debt
If you run your own business, and are owed money by a customer or client, at what point do you decide to go to court? Find out here....
Small Claims Advice: Is Your Claim Valid?
The importance of seeking legal advice before starting a small claims case. When to approach a solicitor and where to find free advice....
Small Claims Mediation or County Court - What's the Quickest Way?
If you've been offered small claims mediation, this article explains what it is and how it can work for you....
Special Directions in the Small Claims Court
An overview of the special directions that judges may give in a small claims case. The special directions which may apply to particular types of small claims cases....
Standard Directions in the Small Claims Court
A guide to the standard directions given in small claims cases. An overview of the small claims directions and what they mean....
Sued for Tree-fellers Mistake: A Case Study
Frank hired a man to cut down a tree in his back garden, but his neighbour sued him for the damage the tree-feller caused. Find out what happened here....
Summary Judgment in a Small Claims Case
A guide to applying for summary judgment in a claim: the test the court will apply and summary judgment in the small claims court....
Talking to the Other Side: Conduct and Correspondence
Conduct and the concept of the 'Other Side', debunking the courtroom drama myth....
The Civil Procedure Rules Part 27: Small Claims
Part 27 of the Civil Procedure Rules deals with proceedings in the small claims court. Here is a list of the applicable rules and what each one means....
The County Court Judgment and How it is Enforced
What to do if the defendant fails to pay the money owed under a judgment. A guide to county court judgments and the different methods of enforcement available....
The Forms in Small Claims Proceedings
Are you involved in a small claim? Here are the most frequently used court forms in the small claims court, and what they are used for....
The Register of County Court Judgments Explained
A guide to the Register of Judgments, Orders and Fines. The effect of registration and how to have a county court judgment removed from the Register....
Tips for Effective Negotiation
As an alternative to litigation, you may decide that you and the other side want to try to negotiate a settlement. Here are some useful tips to ensure you get what you want!...
To What Extent Can a Fraudster Re-register?
Can a warrant of execution be enforced against goods registered in a third party’s name? Different methods of enforcing a county court judgment....
Trader's Guide to Avoiding Litigation
If you're in business, you don't want to have to spend your time trying to resolve disputes that aren't making you any money, nor do you want the expense, time and possible bad publicity that comes wi...
Unfair Bank Charges Cases in the Small Claims Court
Unfair bank charges cases in the small claims court. What sort of charges might be unfair, the OFT test case and what to do if you think you have a claim....
Unreasonable Court Costs Orders
A guide to when and why a judge might make an unreasonable costs order in a small claims hearing. Examples of what might amount to unreasonable behaviour....
Using a Bailiff
Seizure of goods by way of a warrant of execution is a popular and effective method of debt recovery in the small claims court. Find out all about bailiffs and their powers here....
Using Expert Evidence in the Small Claims Court
An overview of the rules which apply to expert evidence in the small claims court. The format of expert evidence and the use of a single joint expert....
What are the Rules on Court Evidence?
The law on evidence in the small claims court. A guide to different types of evidence and the way they may be used in a small claims hearing....
What Happens After a Legal Claim is Issued?
What happens once a legal claim has been issued. A guide to the procedure after issue and the possible responses of the Defendant....
What Happens If the Defendant Admits all or Part of the Claim?
If you're a defendant who's thinking about admitting a claim, or a claimant whose claim has been admitted, here's what happens next....
What Happens in Court
What happens on the day your claim comes to court. Getting to court, what happens when you arrive and waiting for your claim to be heard....
What if the Other Party Makes a Counterclaim?
What happens when a Defendant issues a Counterclaim and the impact this could have on allocation. The court’s powers to deal with counterclaims....
What if Your Small Claims Case is Adjourned?
What happens when a small claims case is adjourned. Different reasons why a judge may adjourn a case and the possible costs consequences....
What to do About a County Court Judgment
What to do if a county court judgment is entered against you. Paying the judgment, applying to have it set aside and having a judgment removed from the Register....
What to do Before Going to Court
Important factors to consider before going to court. A guide to the steps which should be taken by a potential claimant before starting a small claims case....
Who Pays Court Costs and Fees?
A guide to the special rules that apply to costs in the small claims court. Who pays the costs and how much they pay....