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A small claim is usually when the value of the claim is under £3000.
When can I apply to the small claims court?
You can apply to the small claims court if:
- you are owed money,
- you bought faulty goods,
- work hasn't been carried out to an acceptable standard,
- your property has been damaged.
You can't apply to the small claims court if:
- you are claiming for a personal injury,
- you are claiming property assets in a divorce,
- you are disputing who owns land,
- you are claiming for libel or slander,
- you are claiming because of a road traffic accident.
Contact your local court office if you are unsure whether or not to apply to the small claims court. You can also get information about the small claims court from an advice agency.
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Before starting the small claims procedure
Try to sort out the problem with the other person before starting the small claims procedure. Write to the other person explaining what the problem is, and that you are considering starting proceedings in the small claims court.
If you don't get a satisfactory response you may want to consider starting the small claims procedure. Bear in mind that you may not get your money if the other person can't pay it.
For a small fee, the Enforcement of Judgements Office can carry out a search against the other person. This will tell you if the other person owes any money to other people. You can use this information to decide whether or not to take the person to court.
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