Do you have a small legal claim that isn't worth the time and expense of a lawyer? In a small claims court you can act as your own lawyer and collect sums of up to £5000. The following procedures apply to English small claims courts - those in Scotland are slightly different.
You must sue in the same county court as the area where the person you sue (the defendant) lives or has the business.
Get details and a 'plaint form' from your local county court office. Check the telephone book to find its address. You must complete this and submit it with a small fee.
Once you've filed the complaint, the court clerk will notify the defendant by post. Check that you have the right address.
If you are claiming a debt, you can enforce your claim without a hearing, unless the defendant files a defence. "If damages are claimed, or a defence is filed, a hearing will be needed. The clerk will assign a date.
If there is a hearing, the clerk will ask that it be referred to arbitration rather than go before a judge in court. This is an informal hearing, chaired by a lawyer,where your case will be heard quickly and with a minimum of formality. The winner cannot claim professional fees from an arbitration, unlike a court.
If there is a hearing, prepare your case beforehand. You need to take all rel-evant evidence with you, such as receipts, letters and legal agreements. If items are damaged, bring them or take photographs. If witnesses can help, ask them to attend. If they can't, see if a writ; ten statement will be accepted.
At the arbitration hearing, the arbitra-tor will explain the procedure. As the plaintiff, you will be asked to start. Explain the case, and your evidence to prove it, briefly and clearly. Do not pro-vide information not directly relevant to the points in dispute. If asked questions, answer them directly and honestly. If you can't remember something, say so. Do not be bullied into agreeing with something that is not true. Then the defendant states the defence. Ask any relevant questions and note the answers. Do not repeat yourself.
If you win your case and the defendant does not pay the amount due when ordered, the court will advise on steps to enforce the decision. Decisions cannot be enforced if the defendant has no resources to pay. Check this before your case proceeds.
