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Taking a small claims case Print E-mail

You must follow the  correct procedure. Your claim could be delayed if you don't.


Get the application form

You must use the small claims application form. You can get this from:

  • your local  court,
  • Citizens Advice Bureau,
  • Trading Standards Office.

You may also be able to get an application form from a local advice agency.

You must give all the necessary information on your application form. This will help the court to process your application more quickly. The small claims guide from the Court Service has information on how to complete the application form.


What happens next?

Send your completed application form (and two copies) to the small claims office with:

  • the correct fee,
  • any evidence you are planning to use.

Your local court office can tell you the correct fee.

Don't send the application form to the person you wish to take to court.


Step One

The court office will check that you have completed the form and included the correct fee. If you haven't completed the form correctly the court will send it back to you.

The court office will decide if your claim is:

  • liquidated, which means a fixed amount of money, such as a loan,
  • unliquidated - which means an estimated amount of money, such as damage to property or poor workmanship.


Step Two

The court will send you out an Applicant's Information Pack. This gives you information on what to do if the other person doesn't reply.

The court will also send the other person a Respondent's Information Pack explaining the small claims procedure.


Step Three

The person who are claiming against can:

  • settle the claim directly with you,
  • admit they are liable,
  • dispute that they are liable,
  • counterclaim,
  • ignore the claim.

The small claims flowchart explains the route which your claim may take after this stage. The small claims guide from the Court Service explains the procedure in more detail.

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