Find a Solicitor to Issue Claims at County Court

Making a Claim to the County Court

If money is owed to you by an individual or a business, you can go to a county court to claim it back. This is called making a court claim and was previously known as taking someone to small claims court. 

You can use the small claims court for various issues, from disputes with shops that won’t take responsibility for a defective product to challenging unfair parking fines. 

At Lawhive, our network of small claims solicitors is on hand to provide expert legal help, advice, and court representation if you wish to issue a claim at a county court.

For more information, a free case evaluation, and a fixed fee quote, contact our Legal Assessment Team today. 

What is a small claims court?

A small claims court, also called a county court, handles disputes over smaller amounts of money owed by people or businesses. They're often used to seek compensation or get money back.

County courts deal with simple cases involving smaller sums of money, aiming for a quick, cost-effective solution. 

How much can you claim in small claims court?

The maximum amount you can claim in small claims court is: 

• £10,000 in England and Wales
• £5,000 in Scotland
• £3,000 in Northern Ireland. 

For claims related to housing disrepair or personal injury claims, the maximum limit is £1,000 for the whole of the UK. 

How much are small claims court fees in the UK?

Small claims court fees range from £35 to £455.

County court fees are based on your claim amount plus any interest. If you claim online, you can pay the court fee with a credit or debit card.

It’s important to note that you may have to pay additional fees later in your case, such as court hearing fees or additional payments to enforce a judgment. However, if you win your case, you might be able to claim back these fees.

You can consult a small claims court solicitor to help determine your claim amount and fee. If you file a county court claim online, the fee will be automatically calculated based on your claim amount.

If you don’t know the claim amount

If you’re unsure about the claim amount, you can’t file a claim online. Instead, you have to use a paper claim form and provide an estimate of the amount you’re claiming. The court fee you pay is based on this estimate. 

For example, if you estimate your claim amount to be £1,600, the court fee would be £115. 

If you’re using a paper claim form, you can pay by phone (by including a letter including your telephone number and a suitable time for the court to call), or you can pay by postal order or cheque. 

Can I claim interest on money owed and how is it calculated?

You can claim interest on money owed to you.

If your claim amount is unspecified, the interest will be calculated automatically for you. However, if you're claiming a fixed amount, you'll have to calculate the interest yourself.

For business-to-business transactions where one business is late in paying for goods or services, you can add 'statutory interest,' which is 8% plus the Bank of England base rate. But if the contract specifies a different interest rate, you can't claim statutory interest.

For other types of debt, the standard interest rate is 8%. Here's how to calculate it:

1. Multiply the amount you're claiming by 0.08 to find the yearly interest.
2. Divide the yearly interest by 365 (the days in a year).
3. Multiply the daily interest by the number of days the debt has been overdue.

Example: 

Jon is claiming £10,000, and the payment is overdue by 30 days: 

1. First he calculates the yearly interest - £10,000 * 0.08 (8%) = £800
2. Then, the daily interest - £800/365 = £2.19 
3. Finally, the total interest = £2.19 * 30 days = £65.70 

Jon would then add the interest amount of £65.70 to his claim of £10,000 making the total cost, plus interest, £10,065.70. 

How to make a county court claim

There are two ways to make a claim: 

1. Online 
2. By post 

To start your claim, you first need to submit a brief description of your claim and a ‘particulars of claim’ in which you explain why you believe the respondent owes you money.

To make a claim online

You can issue a county court claim online if: 

• You know the amount you want to claim; 
• Your claim is less than £10,000, and you don’t need any help paying the court fee.

To claim online, you’ll need to provide the name, address, and email address of the person you’re claiming against. You’ll also need a debit or credit card on hand to pay the court fee or your ‘help with fees’ reference number if you’ve applied online already for fee assistance. 

If you haven’t yet applied for fee assistance, you can do this during the online claims process if needed

To claim by post

To file a claim by post, you’ll need to download and complete for paper claim form N1, which is also available in Welsh, and send it to the Civil National Business Centre along with a cheque or postal order for your court fee. 

If you’re seeking help with fees you should also include your ‘help with fees’ reference number if you applied online or the completed ‘help with fees’ application form. 

How to track your county court claim 

If you made your claim online for £10,000 or less, you can get updates on your claim by signing into your online account on the Gov.uk website. 

If you want to update your claim you can do so online using the Money Claims Service or by contacting Money Claim Online.

If you applied by post, you should contact the court where you sent your claim for updates or to make changes.

What happens after you issue a county court claim?

Once you file your claim it will be sent to the person or business who owes you money. During the claim process, they will be called the ‘defendant’ or ‘respondent.’ 

The defendant has to respond to your claim within 14 days. In their response, they will either admit to owing the money or file a defence.

What if I make a small claim and the defendant refuses to pay what they owe?

If a defendant ignores the claim, you can request a default judgment, which is a court order instructing them to pay you. 

If you filed your claim online, you can request a judgment online. If you used a claim form, you’ll either have to fill out form N225 for a specified claim or form N227 for claims of an unspecified amount.

What should I do if I disagree with the defendant’s response to my claim? 

If you disagree with the defendant’s response to your claim, you may need to go to a court hearing. 

This could happen if the defendant says they don’t owe you any money or they don’t agree with the amount you’ve claimed. Alternatively, the matter may go to a court hearing if the defendant proposes a repayment plan and you disagree with it. 

If the matter goes to a court hearing, you may have to pay additional court fees, which you’ll be made aware of throughout the process.

What is county court mediation?

Mediation involves a neutral third party (a mediator) helping both sides reach an agreement without going to court. It’s often a quicker and cheaper way to resolve small claims disputes and opting for mediation won’t delay a court hearing.

For claims under £10,000, the county court might suggest mediation as a free service facilitated by HMCTS.

If both parties agree, a telephone appointment will be arranged which typically lasts an hour. If you opt for mediation, you can have someone with you for the appointment, like a family member, friend, or litigation solicitor. 

What happens if you reach an agreement in County Court mediation?

If you reach a verbal agreement during mediation, this is legally binding, which means both parties must stick to the terms. A settlement agreement will then be drawn up outlining these terms. 

If either side doesn’t stick to the agreement, the other party can request a judgment or court hearing.

What happens if an agreement can’t be reached?

If an agreement isn’t reached, you’ll need to attend a court hearing. However, anything discussed in mediation can’t be mentioned in court.

Both parties can also arrange independent mediation for a claim of any amount if they wish.

Should I settle my small claim out of court?

Without knowing the details of your small claim and the proposed settlement, it's hard to decide whether to settle out of court. However, there are factors to consider.

Generally, claimants don't usually get much more money if they go to court instead of settling out of court. Going to court also means more costs, like additional court fees and enforcement expenses. Considering all these costs, it may be better to settle your claim out of court, depending on the offer.

How to prepare for small claims court

Ahead of a County Court hearing, you might receive a questionnaire. The purpose of this is to get more information about the case. You should fill this in and return it to the court.

What happens at a small claims court hearing?

Small claims court hearings usually take place in a judge’s room or a courtroom. More formal hearings may be scheduled for larger claims. Usually, the location of the hearing is nearest to the respondent’s home or business premises. 

At the hearing, you’ll present the matter to a judge through a witness statement and/or other evidence. 

After the hearing, you’ll get a decision from the court on the same day. A copy of this will also be sent to you by post. 

Do I need a solicitor at small claims court?

You can represent yourself or find a solicitor to represent you. Alternatively, you might choose to have someone in court to help you who isn’t a lawyer (a litigation friend), however, if you want them to speak on your behalf you may need to get court permission ahead of time. 

Having a skilled litigation solicitor on your side can be valuable during settlement agreement negotiations and court hearings to assist you in securing the very best outcome.

What are the potential outcomes of a small claims court hearing? 

If the court rules in your favour (you win your case), the defendant becomes the ‘debtor’ and will be ordered to pay what they owe to you. 

If the court agrees with the defendant's argument against your claim, the case will be thrown out and they will not be required to pay.

Can you appeal a county court decision? 

If you disagree with the judge’s decision following a hearing, you can appeal within 21 days to the relevant court or tribunal.

Your solicitor or legal representative will be able to help you with this. 

What if the debtor does not pay after winning my claim? 

If the person or business doesn't pay after receiving the court order, you can ask the court to collect the payment. However, you'll need to pay an additional court fee for this service.

Before taking further action, it's wise to understand the debtor's financial situation better. You can request the court to order the debtor to attend court and provide evidence of their income and expenses.

If the debt is owed by a business, you can ask an officer from the company to attend and disclose the account details.

Once you have a clear picture of the debtor's financial position, you can decide whether to pursue further steps to recover the owed money. Enforcement methods include:

1. Using bailiffs to collect the money through a 'warrant of control'.
2. Applying to a county court or the High Court if the debt is between £600 and £5,000.
3. Deducting money from the debtor's wages through an 'attachment of earnings order' issued to their employer.
4. Freezing money in the debtor’s bank, building society, or business account with a third-party debt order.
5. Using a charging order.

Each enforcement method has an application process and associated costs.

It's advisable to seek advice from a litigation solicitor to understand your options and weigh the cost against the potential recovery of the owed money.

How can Lawhive help with county court claims and small claims?

If an individual or a business owes your money, Lawhive’s network of expert small claims court solicitors is here to support you. 

Forget feeling powerless in disputes with shops, against unfair fines, or unresolved financial matters. We understand the importance of getting the compensation you deserve, and we’re dedicated to providing you with the legal help you need to issue a county court claim with confidence. 

Here’s how we can help: 

1. Free Case Evaluation: Our Legal Assessment Team will review your case and provide you with clear options and the best course of action. 
2. Fixed Fee Quote: Worries about unpredictable legal costs? With Lawhive, you’ll receive a fixed fee quote upfront for the services of our very best solicitors, so you can go ahead with confidence knowing exactly what to expect. 
3. Expert Legal Advice: Our team of experienced solicitors will give you expert guidance through the process, making sure your rights are protected and your case is presented effectively. 

Contact our Legal Assessment Team today to take the first step towards reclaiming what’s rightfully yours. 

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