188体育

You can apply to a county court to claim money you鈥檙e 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 鈥榮mall claims court鈥�. You can apply online or by post.

A mediation service could be quicker and cheaper than going to court. Mediation is when an impartial person helps both sides work out an agreement.

You must pay a court fee when you make your claim.

If you know the claim amount

The court fee is based on the amount you鈥檙e claiming, plus any interest.

To calculate 5% of the value of the claim, take the amount you鈥檙e claiming and multiply it by 0.05. If necessary, round down the result to the nearest 1 pence.

The fee will be calculated for you if you make your claim online.

If you do not know the claim amount

Use the paper claim form if you do not know the exact amount - you cannot make a claim online.

You鈥檒l need to estimate the amount you鈥檙e claiming and pay the fee for that amount.

For example, if you estimate you鈥檙e claiming between 拢3,000.01 and 拢5,000, you鈥檇 have to pay 拢205.

Get help to pay the fee

You may be able to get help with fees if you have a low income or you鈥檙e on certain benefits. Find out who can apply for help with fees.

You can apply for help with fees online or by post.

Apply for help online

Apply for help with fees online before you make a court claim. You鈥檒l get a 鈥榟elp with fees鈥� reference number - you鈥檒l need this when you make your court claim.

Apply for help by post

If you apply for help with fees by post, you鈥檒l need to make your court claim by post too. Apply for both at the same time.

1. Fill in form EX160 for help with fees.

2. Fill in form N1 to make a court claim for money.

3. Return both forms to the Civil National Business Centre.

Pay the court fee

Pay by credit or debit card if you鈥檙e making a claim online.

If you use the paper claim form, pay by credit or debit card by sending a letter with your form asking to pay by card. Include your telephone number and a suitable time for the court to call you and take the payment.

You can also pay by postal order or cheque (payable to 鈥楬M Courts and Tribunals Service鈥�) if you use the paper claim form.

You may be able to claim the fees back if you win the case.

You can claim interest on the money you鈥檙e owed.

The interest will be calculated for you if you claim for an unspecified amount.

You need to work out the interest yourself if you鈥檙e claiming for a fixed (鈥榮pecified鈥�) amount of money.

Work out the interest

If you鈥檙e owed money by another business, you can charge interest on a late commercial payment.

For other types of debt, the rate is usually 8%.

To calculate this, use the steps below.

1. Work out the yearly interest: take the amount you鈥檙e claiming and multiply it by 0.08 (which is 8%).

2. Work out the daily interest: divide your yearly interest from step 1 by 365 (the number of days in a year).

3. Work out the total amount of interest: multiply the daily interest from step 2 by the number of days the debt has been overdue.

Example

You can make your claim online, unless:

• you do not know how much money you want to claim
• your claim is for more than 拢25,000 and you want to get help to pay the court fee

Claim by post if you cannot claim online.

You may need to get legal advice if your claim is complex.

Claim online

You鈥檒l be asked for the name, address and email address of the person you鈥檙e claiming against.

You鈥檒l also need either:

• a debit or credit card to pay the court fee
• your 鈥榟elp with fees鈥� reference number if you鈥檝e already applied for help with fees online

If you still need to apply for help with fees, you can do this while you make your money claim online.

If you need help claiming online

Who you contact depends on the type of help you need.

If you鈥檙e having technical issues or need guidance about how to claim

Who you contact depends on how much money you鈥檙e claiming.

If you need help claiming 拢25,000 or less, contact Civil Money Claims.

If you need help claiming more than 拢25,000, contact Money Claim Online.

If you do not have access to the internet or do not feel confident using it

Claim by post

To claim by post, download and fill in paper claim form N1.

Send the paper form to the Civil National Business Centre with a cheque or postal order for your court fee. If you鈥檙e applying for help with fees send the paper form with either:

• the 鈥榟elp with fees鈥� reference number you鈥檒l get when you apply for help online
• your completed 鈥榟elp with fees鈥� application form, if you鈥檙e applying for help by post

Help claiming by post

Contact the Civil National Business Centre if you need help claiming by post. If you have a disability or health condition, you can ask for a reasonable adjustment.

You can also request a reasonable adjustment for applying by post by emailing:

Return to an existing claim

If your online claim is for 拢25,000 or less, you can to check updates, manage a claim or make a new claim.

Your claim, including your name and address, will be sent to the person or business owing you money (the 鈥榙efendant鈥�).

They must respond to your claim. You鈥檒l be sent a letter or email telling you the date they need to respond by.

What to do if you get paid

Tell the defendant when you鈥檝e received their payment.

How you do this depends on how you made the claim.

If you claimed online

You can update your claim online, by phone or email. The contact details you use depend on how much money you鈥檙e claiming.

If your claim is for 拢25,000 or less you can update it:

• online using the
• by calling Civil Money Claims

If your claim is for more than 拢25,000 you can update it:

• online using the
• by calling or emailing Money Claim Online

If you used a paper claim form

where you sent your claim.

If you get no response or the defendant refuses to pay what they owe

You can ask the court to order the defendant to pay. You need to:

• if you made your claim online
• use request for judgment form N225 if you claimed a fixed (鈥榮pecified鈥�) amount using a claim form
• use request for judgment form N227 if you claimed an unspecified amount using a claim form

If you disagree with the response

You might have to go to a court hearing if:

• the defendant says they do not owe you any money
• they disagree with the amount you鈥檝e claimed
• you do not agree with how they鈥檝e offered to repay you

The court may send you a questionnaire asking for more information on the case.

Fill in the questionnaire and return it to the court. You鈥檒l have to pay an extra court fee.

Mediation

You may be offered or told you have to attend mediation after you鈥檝e made a claim. This is often quicker than going to court.

Mediation is when an impartial professional (the mediator) helps both sides work out an agreement. It鈥檚 confidential and usually quicker and cheaper than going to court.

If you鈥檙e making a claim of 拢10,000 or less and the defendant disputes it, you鈥檒l be told you must attend mediation. The court will organise this mediation. This service is free.

If you鈥檙e making a claim of more than 拢10,000:

• the court may offer you mediation - the court will organise this
• you can arrange independent mediation yourself, if you鈥檙e not offered it

Mediation organised by the court

A mediator from HM Courts and Tribunals Service (HMCTS) will speak to you separately by phone to help you to explore options, negotiate and agree a settlement. The appointment will last up to one hour.

You can bring someone with you to mediation. For example, a trusted friend, relative, or a solicitor.

If you鈥檝e been offered mediation, both sides need to agree to it. If both sides agree, you鈥檒l get a date and time for your telephone appointment.听

If you鈥檝e been told you must attend mediation, you鈥檒l be given a date and time for your telephone appointment.

Contact the small claims mediation service before your appointment if:

• you have a physical, mental or learning disability of long-term health condition that means you need support during your mediation appointment
• you鈥檙e vulnerable (for example, you鈥檙e worried about your safety)
• you have other questions about your claim or appointment

Include your claim number when you contact the small claims mediation service, if you have one.

If you do not attend your mediation appointment

If you do not attend your mediation appointment, you鈥檒l usually need to go to a court hearing instead.

You can continue to try to settle the case out of court with the other side, up to the date of the hearing (for example, through independent mediation). If you can settle out of court, you will not need to attend the court hearing.

If you鈥檝e been told you must attend mediation, the judge can sanction you if you do not attend or make an effort to reach an agreement. Sanctions can include your case being dismissed (鈥榮truck out鈥�) or having to pay all court costs even if you win.

If you tell the court why you did not attend your mediation appointment, the judge will take your reasons into account when deciding on your sanctions. You can tell the court why you did not attend:

• in your Money Claims online account, if you have one
• at your court hearing

If you want your reasons for not attending your appointment to be private, contact the court your hearing will be in. You may be told to fill in a N244 form to request that the information is kept private.

Independent mediation

You can get mediation from an for a claim of any amount. There鈥檚 a .

If your claim is for 拢10,000 or less, you will have to attend court mediation.

If you reach an agreement

You鈥檒l make a verbal agreement at the mediation appointment. This is legally binding which means that you must follow it. You鈥檒l be given the terms of the agreement in a document 鈥� this is called a settlement agreement.

If either side breaks the terms, then the other side can go to court to ask for a judgment or hearing.

If you do not reach an agreement

You鈥檒l have to attend a court hearing.

You cannot mention what happened during the mediation appointment in court.

You will not have to wait longer for a court hearing if you go to mediation first.

If there鈥檚 a hearing, you can:

• represent yourself
• pay for a barrister or solicitor to represent you
• ask someone to advise you in court - they do not have to be a lawyer
• ask someone to speak on your behalf - you might need to get the court鈥檚 permission

Your hearing can be held in the judge鈥檚 room or a courtroom in a county court if your claim is for less than 拢10,000. There might be a more formal hearing if you鈥檙e claiming for more.

After the hearing

You鈥檒l get a decision on the day of the hearing. The court will also send you a copy of the decision by post.

If you win your case, the court will order the person or business who owes you money (the 鈥榙ebtor鈥�) to pay you. There are ways the court can collect your payment if they ignore the court order.

Appeal the decision

You can appeal the decision if you think the judge made a mistake during the hearing. You must do this within 21 days of getting the decision.

Find out which court or tribunal to appeal to.

You can ask the court to collect payment from the person or business who owes you money (the 鈥榙ebtor鈥�) if they do not pay you after receiving the court order.

You must pay a court fee when you ask the court to collect the payment.

Find out what the debtor can afford to pay

Ask the court to order the debtor to attend court to provide evidence of their income or spending, for example bills and statements.

If the money is owed by a business, you can ask for an officer from the company to attend court and give details of its accounts.

You can then decide if you want the court to take further action to collect your payment.

Send bailiffs to collect payment

You can ask the court to send bailiffs to collect the money. This is called a 鈥�warrant of control鈥�.

The bailiff will ask for payment within 7 days. If the debt is not paid, the bailiff will visit the debtor鈥檚 home or business to see if anything can be sold to pay the debt.

You can apply to either a county court or the High Court if you鈥檙e owed between 拢600 and 拢5,000.

You may need legal advice if you apply at the High Court.

How you apply to the court depends on how you made your claim.

You claimed online

If your reference number has 鈥楳C鈥� in it, download and fill in either:

• form N323 - to apply at a county court (you must be owed 拢5,000 or less)
• form N293A - to apply at the High Court (you must be owed at least 拢600)

Otherwise, enforce a judgment using .

You used a paper claim form

Download and fill in either:

• form N323 - to apply at a county court (you must be owed 拢5,000 or less)
• form N293A - to apply at the High Court (you must be owed at least 拢600)

Get money deducted from wages

You can ask the court to take money from the debtor鈥檚 wages to pay the debt. This is called an 鈥�attachment of earnings鈥�.

The court will do this by sending an order to the debtor鈥檚 employer.

Download and fill in a request for an attachment of earnings order form N337.

Freeze assets or money in an account

You can ask the court to freeze money in the debtor鈥檚 bank, building society or business account. This is called a 鈥�third-party debt order鈥�.

The court will decide if money from the account can be used to pay the debt.

Download and fill in a request for a third party debt order form N349.

Charge the debtor鈥檚 land or property

You can ask the court to charge the debtor鈥檚 land or property. This is called a 鈥�charging order鈥�.

If the land or property is sold, the debtor must pay this charge before they get their money.

Download and fill in a request for a charging order form N379.