Taking a Person To Small Claims Court

I Want To Take Someone To Small Claims Court

You can take a person to small claims court for things like being owed a refund, missed wages, accident and injury, a faulty product or a poor service. Unsure how to take a person to court for small claims? Follow the steps outlined below. You can also seek advice from a debt solicitor.

Check if You Can Make a Small Claim

You can go to the small claims court to reclaim up to £10,000 if you have sufficient evidence in support of your claim and file within the legal time frame (six years for breach of contract or negligence, three years for personal injury). 

There is no minimum amount you can claim, but it is important to weigh up the cost of making a claim compared to the potential payout. When taking a person to small claims court you pay a court fee upfront and a hearing fee if your case gets to court – the amount depends on how much your claim is for. If you win, the other side will pay your fees. If you lose, you will need to pay your fees and possibly theirs, too.

Before Starting a Small Claim

Before you can take a person to small claims court, you need to:

1. Gather evidence in support of your claim, such as a written record of what was agreed, and all communications you’ve sent chasing payment. CaseCraft.AI makes gathering evidence easy – you simply upload your documents to the secure platform and follow the easy steps to ensure court compliance.
2. Contact the person you’re claiming against and attempt to resolve things amicably – tell them that you are willing to accept payment installments, as this may make it easier for them to comply. 
3. Try mediation – have an impartial third-party help you seek a reasonable resolution for both parties.
4. Write a formal complaint letter, called a statutory demand. This should clearly lay out your complaint, proposed resolution, and the next steps you intend to take should your dispute not be settled within the timeframe provided (21 days is standard).
5. Only at this point can you take a person to small claims court, once mediation has failed and a statutory demand has been issued. 

Once you’ve done all you can to resolve your dispute amicably, here’s how to take a person to small claims court :

• Prepare your case and evidence (you can do this using CaseCraft.AI)
• Either file your claim quickly and accurately via the CaseCraft.AI platform, or download form N1 from HM Courts & Tribunals Service and fill in the ‘particulars of claim’, including full details of what you’re claiming for, and why – you can submit your claim form online, or via post
• You will need to pay the court fee for raising your claim and provide the contact details of the person you are claiming against, as well as your evidence to support the claim
• The person you are taking to small claims court will receive a copy of your claim in the post. You’ll be sent an email outlining when they need to respond to you by.
• If the person you’re filing a claim against doesn’t reply within 14 days, this is considered an undefended claim, and they should pay you immediately, or agree to a payment plan. 
• If the claim is defended, you will be offered a one-hour compulsory telephone mediation service. Should this prove unsuccessful, you will both attend a court hearing. 
• At court, you will state your case to a judge, who will make a decision about your claim.
• If your claim is unsuccessful, you can make an appeal within 21 days.
• If your claim is successful, but the person you take to court doesn’t pay, enforcement is possible either by sending bailiffs to collect payment, garnering wages, freezing assets or charging the person’s land or property.

Making a Small Claim

If you are ready to make a claim, taking a person to small claims court is easier with CaseCraft.AI. You can use the simple, secure platform to prepare and file your small claim, and to see what the current status of your claim is. CaseCraft.AI can help you stay on track with court deadlines; so you never miss a step in your claim process.