Depunerea unei cereri la tribunalul pentru cereri mici
Cum să depuneți o cerere civilă de până la £10.000 la tribunalul de comitat.
Prezentare generală
The small claims track is designed for straightforward disputes worth up to £10,000 (or £1,000 for personal injury and £25,000 for certain tenant claims). It is the simplest and cheapest way to resolve civil disputes without needing a solicitor. Hearings are informal, strict rules of evidence are relaxed, and costs recovery is very limited — meaning even if you win, you generally cannot recover legal fees from the other side. Most claims are now issued online through Money Claims Online (MCOL) or the Civil Money Claims service.
Cine poate folosi acest proces
- Your claim is for money owed, compensation, or the return of goods
- The claim value is £10,000 or less (or £1,000 or less for personal injury)
- You have a genuine legal basis for your claim (contract, tort, consumer rights, etc.)
- You have attempted to resolve the dispute directly with the other party first
Proces pas cu pas
Send a Letter Before Claim
Write a formal letter (or email) to the other party setting out your claim, the facts, the legal basis, and what you want (e.g., a specific sum of money). Give them a reasonable deadline to respond — typically 14 days for a straightforward claim or 28 days for a more complex one. This is required by the Pre-Action Protocol for Debt Claims and is expected by the court in all cases.
- Keep a copy of your letter and proof of posting/sending
- Be specific about the amount you are claiming and how you calculated it
- Mention that you will issue court proceedings if the matter is not resolved
- Consider offering Alternative Dispute Resolution (ADR) such as mediation
Issue Your Claim
If the other party does not respond or refuses to pay, you can issue your claim. The simplest way is online at moneyclaims.service.gov.uk. You will need to provide your details, the defendant's name and address, the amount claimed, and a brief description of why the money is owed. You will need to pay a court fee when you issue the claim.
- Claims up to £300 have a fee of £35; £300–£500 cost £50; £500–£1,000 cost £70; £1,000–£1,500 cost £80; up to £10,000 cost 5% of the claim value
- You can add the court fee to the amount you are claiming
- If you are on a low income, you may be eligible for fee remission (form EX160A)
The Defendant Responds
Once served, the defendant has 14 days to respond (or 28 days if they file an Acknowledgement of Service). They can: admit the claim (and propose payment terms), defend the claim (file a Defence), or make a counterclaim. If they do not respond at all, you can apply for judgment in default.
- If the defendant admits the claim, you can request judgment for the admitted amount
- If a Defence is filed, the court will allocate the case to the small claims track if appropriate
- Default judgment can be requested online if there is no response after the deadline
Directions and Mediation
Once allocated to the small claims track, the court will issue directions — a timetable for preparing the case. In many cases, the court's Small Claims Mediation Service will contact both parties to offer free telephone mediation. Mediation is strongly encouraged and resolves a high proportion of small claims without a hearing.
- Mediation is voluntary but the court may take an unreasonable refusal to mediate into account on costs
- Mediation sessions typically last about one hour by telephone
- If mediation succeeds, the agreement is binding and the claim is settled
- Prepare your documents and evidence in line with the court's directions
Prepare for the Hearing
If mediation does not resolve the claim, it proceeds to a hearing. You must prepare a bundle of documents: your claim, the defence, all relevant evidence (contracts, emails, photos, receipts, invoices), and a brief witness statement. Send copies to the court and the defendant by the deadline in the directions.
- Organise documents in chronological order with numbered pages
- Write a brief witness statement covering the key facts — signed and dated
- You can bring a friend or family member for support (a 'McKenzie Friend'), but they cannot usually speak on your behalf
- Consider whether you need any witnesses and arrange for them to attend
Attend the Hearing
Small claims hearings are informal. They usually take place before a District Judge in a private room (not a courtroom). The judge will ask questions, review the evidence, and may ask each party to summarise their case. Hearings typically last 1–2 hours. The judge may give their decision on the day or reserve judgment.
- Arrive early and bring all your documents
- Address the judge as 'Sir' or 'Madam'
- Be concise, polite, and stick to the relevant facts
- Hearings can be conducted by video (CVP) — the court will confirm the format
Enforcement (if you win)
If the judge finds in your favour and the defendant does not pay, you will need to enforce the judgment. Options include: a warrant of control (bailiffs), an attachment of earnings order, a third-party debt order (freezing the defendant's bank account), or a charging order against their property. Each enforcement method requires a separate application and fee.
- A warrant of control costs £77 and sends County Court bailiffs to seize goods
- An attachment of earnings order requires the defendant to be employed
- You can apply for an order to obtain information (form N316) to find out about the defendant's means
- Judgments remain enforceable for 6 years
Costuri
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The court cannot guarantee you will recover the money even if you win — the defendant may have no assets.
Costs recovery on the small claims track is very limited: you can recover the court fee, limited witness expenses, and up to £95 for expert reports, but not solicitors' fees.
A County Court Judgment (CCJ) will appear on the defendant's credit record for 6 years unless paid within 30 days of the judgment.