What happens if you lose a small claims court case and are on a low income? | LawHive - Solicitors & Lawyers Online
What happens if you lose a small claims court case and are on a low income?
Can someone advise me on what happens if a case is found against you in the small claims court and you are on a very low income? My daughter's ex is suing her and the case is on Wednesday. He is asking for £7500. He just might win some of it as he is a practiced liar who even won an appeal for benefit when he was defrauding them. She is unable to work for health reasons and her only income is benefits which doesn't go around and we subsidise her. She does have a small amount put by, about £6000 which is slowly dwindling and she needs to keep for emergencies such as future deposits and moving expenses when she moves nearer us, and car expenses including a possible replacement car. Will they take this money or would she be allowed payments? Is there any fixed ruling on this? she is very worried.

Margaret Erlandson

23rd March 2022


Top Answer
Law Grad - Your daughter could use savings for a good Solicitor to defend the case and claim back costs. Unless the case is overwhelmingly against her, in which case the judgement should be paid in such a way as to not put either party in severe hardship. Equally, while the debt stands your daughter cannot move on from him.

Donald Kiernan

23rd March 2022

NQ but have just sued someone through the small claims court - they were on low income & offered to pay a small amount monthly to pay the debt off which we accepted.

David Barron

23rd March 2022

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