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:
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:
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:
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:
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:
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:
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/
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