A Small claim in the County Court can be issued for various reasons
We have years of experience and knowledge in dealing the court systems and bringing claims.
A Small claim in the County Court can be issued for various reasons, you may not have been paid for work that you have done, somebody has not completed satisfactorily work for you, you could have lent someone some money and expected it back but it has not been returned for example or your landlord may not have protected your deposit in a tenancy deposit scheme. If your claim is under £10,000 then it would be started in the small claims track of the County Court.
Many of our clients have come to M2M Community Solicitors LLP for assistance with bringing a small claims case rather than attempting to bring a claim themselves. We can help with this or if the client wishes we can limit the assistance that they may need to the drafting of a simple Claim Form or just the advice on the process at each stage, this will allow the client to understand the process and keep their costs to a minimum.
Before issuing a claim you will probably have gone through a process with whoever you are issuing against and will have corresponded with them and advised them that you will be taking legal action. Maybe you did not get any response from them or could not get hold of them. In this type of circumstance it may be beneficial for you to get a solicitor to send a letter advising that legal action will be taken if they do not respond. This could get results and may save you the process and fees involved with issuing a claim.
If there is no response from the other party then the court will see that you have tried to resolve the matter before taking the legal action now required.
When issuing claims we will draft the claim and go through each stage of the process with our clients ensuring they understand what is happening and what documentation is required.
Our charges to assist are therefore generally low. It is only if the matter becomes complex and/or the case is moved out of the small claims court that our fees will increase.
Remember there are deadlines for the start of court action and so if you do not act in time you could lose your opportunity altogether – do not delay.
Frequently Asked Questions
How can we help you to start action at the small claims track of the County Court?
We can help by assisting to draft a simple Claim Form which you can use to start legal proceedings.
How much will it cost for M2M Community Solicitors LLP to draft a simple Claim Form?
M2M Community Solicitors LLP will charge based on an hourly fee for actions in the small claims track of the County Court at £180 including VAT per hour. A simple Claim form is likely to take a maximum of two hours to draft.
Can I get money back for the Court fee?
Yes, if you are successful the Court can make an Order that you are entitled to your Court fee back and this is usual. However, just because you have a Court Order does not mean that your opposition will obey it and pay you. The Court will not enforce an Order, you have to be proactive in using the Court’s methods of enforcement to pursue your opponent for any amount won if you win a Court case.
How long does it take from starting an action to getting the final hearing?
This varies dependant on the timetable of the Court and how busy it is with other cases. It is also dependent upon the complexity of the case.