If you want to make a small claim to recover money owed to you, CaseCraft can simplify the
process dramatically. In this short guide to the small claims process, you’ll find everything
you need to know to take your case to small claims court.
What is a Small Claim?
A small claim is a legal process for rapidly settling low-value financial disputes in a civil court. This can help to avoid the need for expensive legal representation. Reasons for making a small claim, sometimes referred to as a money claim, include:
- Recovery of unpaid money for services
- Repayment of unpaid personal loans
- Disputes over faulty or undelivered goods
- Disputes in which services fail to meet agreed standards
As the name suggests, the small claims court deals with lower value claims, usually up to a maximum of £10,000 in England and Wales, £5,000 in Scotland and £3,000 in Northern Ireland. For money claims relating to personal injury, the limit is £1,500, or £5,000 in the case of injuries caused by a road traffic accident.
How to Make a Claim for Money?
Before making a court claim for money, first try to negotiate with the other party to see if the matter can be resolved amicably. If this fails, you can make a claim for money by completing the necessary claim forms and providing relevant evidence. CaseCraft can help you to make a claim by guiding you through, and AI helps us improve the process to automatically ensure that your small claim is made quickly and accurately.
What are the Court Fees for a Money Claim?
You must pay a court fee when you make a money claim, based on the amount you’re claiming for. Sample fees for civil money claims include:
- £35 for claims up to £300
- £50 between £300 and £500
- £70 between £500 and £1,000
You can find out more in the civil court fees schedule.
What Evidence Do You Need for Your Small Claim?
When you make a small claim you need to provide evidence to support it in the small claims court. The evidence you need will vary depending on the claim, but may include receipts, correspondences, invoices, photos and contracts. On CaseCraft AI, you can upload your evidence directly to your dashboard in just a few clicks, and the platform helps you categorise it so that it’s ready to present to the court.
What is Mediation and How Can It Help?
When you make a small claim, you will usually be required to attend a free mediation session to attempt to resolve the dispute. At this one-hour session you and the other party will be guided by the small claims mediation service, and if an agreement is reached then both sides will make a legally binding verbal agreement. If this is breached then the other side can ask for hearing. If no agreement is reached during mediation then you will have to attend a hearing in small claims court. CaseCraft AI will notify you if mediation is available in your case and allow you to track the mediation process through your dashboard.
What Happens After You Make a Court Claim for Money?
When you make a court claim for money, the details of this will be sent to the person or business you want to make a small claim against – the defendant. You will be informed of the date they must respond by. At this point the defendant may choose to pay, and if you made your money claim online, you can update your claim electronically to indicate this. If the defendant doesn’t respond or refuses to pay, you can ask the court to order them to do so. If the defendant doesn’t pay after receiving a court order to do so, you may ask the court to begin enforcement proceedings. CaseCraft can guide you through the whole small claim court process.
Where Can You Get Additional Help and Advice on small claims?
CaseCraft AI includes a smart assistant and in-platform knowledge base with guides and FAQs. If you need further help, you can still contact the Civil Money Claims helpline at 0300 123 7050, Monday to Friday, 8:30am–5pm.
FAQ:
What is a court claim for money?
A court claim for money (a money claim) is a process which allows you to claim money that you are owed.
How do I start a small claim?
You can submit your money claim online or print an N1 claim form. With CaseCraft you can simply create an account and follow everything through a personalised dashboard.
What fees do I need to pay to go to small claims court?
Court fees vary depending on the size of your claim, and are laid out in useful page on the government website.
What happens after I start my small claim?
The defendant will be informed of your claim. They will be given a timeframe in which to respond and from there your small claim may progress to mediation or a hearing. You’ll be guided through every step via your dashboard, whether it proceeds to mediation, a hearing, or enforcement.
Can I claim interest on my debt when I make a small claim?
Yes, you can claim interest at a rate of 8%. If you are owed money by another business then it’s 8% and the base business transaction rate set by the Bank of England.
