What is a County Court Claim
What is a County Court Claim
A County Court claim is a legal action that you can apply to a County Court to claim money you’re owed by a person or business. This is known as making a court claim. It often used to be known as taking someone to a ‘small claims court’.
County Court claims cannot be issued if one or more of the following applies:
- you do not know how much money you want to claim
- your claim is for more than £10,000
- your claim is for £100,000 or over
Why would you issue a county court claim?
To recoup money owed from a third-party including individuals or businesses.
This could be for a number of things but not limited to:
- Recently performed work that you haven't been paid for.
- Goods or services that you have provided to person or company who has failed to pay.
- If you have experienced a dispute with a service or product you have purchased.
The process of issuing a County Court claim can be relatively straightforward and can be done online. It's important that you understand all of the legal requirements before proceeding with this option, however, as it may involve costs for both parties involved in the dispute.
To begin the process of issuing a County Court claim online you need to follow the steps at: https://www.gov.uk/make-court-claim-for-money/make-claim
When to Issue a Claim
Deciding when to issue a County Court Claim is an important decision that should not be taken lightly. Here are some factors to consider when deciding whether or not to issue a County Court Claim:
- Other attempts to collect the debt have failed: Before issuing a County Court Claim, it's important to exhaust all other options for collecting the debt. This can include sending reminder letters, making phone calls, or using a debt collection agency. If these attempts have failed, a County Court Claim may be the next step.
- The debt is significant: If the amount owed is significant, issuing a County Court Claim may be worth the time, effort, and expense involved. However, if the debt is relatively small, it may not be worth pursuing legal action.
- There is evidence to support the claim: A successful County Court Claim requires evidence to support the claim. This can include invoices, contracts, and other documentation that clearly shows the debt owed. Without this evidence, it may be difficult to win the case.
Pros and Cons
Issuing a County Court Claim can be an effective way of getting the money you are owed, but it is important to weigh up the pros and cons before making a decision.
Here are some of the pros of issuing a County Court Claim:
- Legal enforcement: A County Court Claim provides a legal route to enforce payment of the debt owed. If successful, the court can enforce payment through various means, such as seizing assets or wages.
- Interest and costs: If successful, the court can also award interest and costs to the claimant, which can help to cover any legal expenses incurred during the process. This can also help to compensate for the time and effort spent pursuing legal action.
- Legitimacy: Issuing a County Court Claim can show the debtor that you're serious about collecting the debt owed. This can prompt them to take action and pay the debt, rather than risking further legal action.
While issuing a County Court Claim can be a legitimate way to enforce payment of a debt owed, there are also several cons to consider before taking this legal action:
- Cost: While the court fees for issuing a County Court Claim can be relatively low, there are other costs to consider. These may include legal fees, process server fees, and other expenses associated with enforcing the judgment if the debtor fails to pay. These costs can quickly add up and may outweigh the amount owed.
- Time-consuming: Issuing a County Court Claim can be a time-consuming process, especially if the debtor contests the claim. This can involve multiple court hearings and can take several months to resolve. During this time, the claimant may also need to provide evidence and attend court hearings, which can be disruptive to their business or personal life.
- Emotional toll: Pursuing legal action can be stressful and emotionally draining, especially if the debtor is someone the claimant knows personally or has a previous relationship with. It's important to consider the emotional toll of taking legal action, and whether it's worth pursuing.
Alternatives to County Court Claims
While a County Court Claim can be an effective way to collect a debt owed to you, it is not always the best solution. In many cases, working with a Debt Collector may be a better alternative.
Here are some reasons why using a Debt Collection Agency may be a better choice than issuing a County Court Claim:
- Cost: Issuing a County Court Claim can be expensive, especially if the case goes to court. Debt collectors typically charge a lower fee than the court, and they often work on a no-win, no-fee basis. This means that you only pay if they are successful in collecting the debt.
- Time: Issuing a County Court Claim can be a time-consuming process. It can take several months or even years to resolve the case, and in the meantime, you may not receive any payment. Debt collectors have the expertise and resources to resolve a case quickly and efficiently.
- Expertise: Debt collectors have extensive experience and knowledge of debt collection laws and procedures. They know how to negotiate with debtors, and they have access to tools and resources that can help them locate debtors who have moved.
Before taking any legal action, we would strongly recommend consulting with expert advice to avoid any unnecessary costs and stresses of legal action that isn’t needed. Recoup offers a free, no obligation debt appraisal on any case big or small. Call our team on 01270 500 602 or email info@recoupfinancialsolutions.co.uk for peace of mind.
How to draft a claim
You can issue a County Court Claim online unless you’re not certain on the amount owed or your claim is more than £10,000. In the process of issuing a claim you will be asked for the name, address and email address of the person you are claiming against. If you are unable to claim online, you can claim by post.
As well as this you’ll need a debit or credit card in order to pay the court fee and if you’ve applied for help with fees online, then you’ll need your ‘help with fees’ reference number too. If you do need assistance with legal fees, you can do this while you issue your claim.
You should seek assistance in issuing a county court claim if you are having technical issues or need guidance about the information you’re providing.
For more detailed advice and links to the relevant forms so you can get the process started, see this page on Citizens Advice: https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/
