Fenton Marsh Legal Q&A
Small Claims
County Court small claims from pre-action steps and evidence through hearings, judgment and enforcement.
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In England and Wales, the small claims track is a County Court procedure rather than a separate court. The route depends on the value and type of claim, the remedy sought, the parties, and the stage of proceedings.
Showing all 526 questions.
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Can I use the small claims court for my dispute?Can I represent myself in a small claim?Can I make a claim without sending a letter first?Can I claim if I only have text messages as evidence?Can emails be used as evidence in a small claim?Can screenshots be used as evidence?Can WhatsApp messages be used as evidence?Can bank statements prove my small claim?Can I claim without a written contract?Can I make a claim based on a verbal agreement?Can I claim money someone promised to repay?Can I claim against a friend who owes me money?Can I claim against a family member?Can I claim against an ex-partner for money owed?Can I claim against a neighbour?Can I claim against a tradesperson?Can I claim against a builder?Can I claim against a plumber or electrician?Can I claim against a garage for bad repairs?Can I claim against a retailer?Can I claim against an online seller?Can I claim against a private seller?Can I claim against a company?Can I claim against a sole trader?Can I claim against someone who has stopped trading?Can I claim against a dissolved company?Can I claim against someone who has moved?Can I use the defendant's work address?Can I make a claim against someone living abroad?Can a small claim be made against two defendants?Can several people make one small claim together?Can I add another defendant after the claim has started?Can I change the defendant's name after filing?Can I correct a mistake on my claim form?Can I attach documents when I file the claim?Can I send separate particulars of claim?Can I add interest to a small claim?Can I claim interest from the date the money became due?Can I claim my court fee back?Can I claim postage and other expenses?Can I claim compensation as well as money owed?Can I claim for inconvenience and stress?Can I claim for loss of earnings?Can I claim for wasted time dealing with the dispute?Can I claim travel expenses?Can I claim the cost of an expert report?Can I claim solicitor's fees in the small claims track?Could I have to pay the other side's costs if I lose?Can the court order costs for unreasonable behaviour?Can I get help with court fees?Can I recover the filing fee if I win?Can I start a small claim online?Can I still use a paper claim form?Can a claim be served by email?Can I ask the court to use another method of service?Can the defendant have default judgment set aside?Can I refuse instalments offered by the defendant?Can I accept part payment and continue the claim?Can I recover my court fee if they pay after the claim starts?Can I withdraw only part of my claim?Can I change the amount claimed after filing?Can I amend my particulars of claim?Can the defendant make a counterclaim?Can a counterclaim be more than my original claim?Could a counterclaim move the case out of the small claims track?Can I ask for the hearing to be at my local court?Can the case be transferred to another court?Can my claim be moved out of the small claims track?Can part of a larger claim be brought as a small claim?Can I reduce my claim to keep it in the small claims track?Can I ask the court for more time?Can the parties agree an extension themselves?Can my small claim be struck out?Can I ask for the defendant's defence to be struck out?Can I apply for summary judgment in a small claim?Can I use my own witness statement as evidence?Can another person give a witness statement for me?Can I rely on a witness who cannot attend?Can I use hearsay evidence in a small claim?Can I send extra evidence after the deadline?Can I object to late evidence?Can I send evidence electronically?Can I use photographs at the hearing?Can I use video evidence?Can I use audio recordings?Can I secretly recorded conversation be used in court?Can social media posts be used as evidence?Can I use expert evidence in a small claim?Can I get an independent report before court?Can I call a professional tradesperson as a witness?Can the court inspect damaged goods or property?Can I refuse to settle at mediation?Can I make a settlement offer without admitting I am wrong?Can I show the judge settlement correspondence?Can I settle part of the claim and continue with the rest?Can the court make a consent order?Can I settle on the day of the hearing?Can a small claim be heard by telephone?Can a small claim be heard by video?Can the court decide the case without a hearing?Can I object to the case being decided on the papers?Can I question the defendant?Can I read from notes during the hearing?Can I bring someone with me to court?Can a family member speak for me?Can a McKenzie Friend speak at a small claims hearing?Can I bring an interpreter?Can I ask the court for disability adjustments?Can I ask for a remote hearing because of health problems?Can I take my child to court with me?Can I ask for the hearing to be postponed?Can the court decide the case in my absence?Can I reopen a small claim decided without me?Can the judge order payment by instalments?Can I ask for payment immediately?Can I send bailiffs after the defendant?Can High Court enforcement be used for a small claim?Can I get an attachment of earnings order?Can money be taken directly from the defendant's wages?Can I get a charging order over the defendant's property?Can I get money from the defendant's bank account?Can I make the defendant attend court to disclose finances?Can I enforce judgment against a company?Can I enforce a judgment against someone who is bankrupt?Can I enforce a judgment years later?Can enforcement fees be added to the debt?Can I accept instalments after judgment?Can a CCJ be removed after payment?Can I appeal a small claims judgment?Can I appeal just because I think the judge was wrong?Can I introduce new evidence on appeal?Can I ask the judge to reconsider the decision?Can I set aside a small claims judgment?Can I challenge a judgment made in my absence?Can I complain about how the hearing was conducted?Can I make a small claim after several years?Can I claim for a debt more than six years old?Can I claim if the defendant promised to pay years ago?Can I issue a claim just before the limitation deadline?Can I claim for breach of contract?Can I claim for defective goods?Can I claim for poor workmanship?Can I claim for unfinished building work?Can I claim for a service I paid for but never received?Can I claim for a refund a business refuses to give?Can I claim for a cancelled holiday?Can I claim against an airline?Can I claim for a damaged parcel?Can I claim against a courier?Can I claim against a removal company?Can I claim for damage caused by a tradesperson?Can I claim for a car bought privately?Can I claim against a garage that sold me a faulty car?Can I claim for an unpaid invoice?Can a sole trader claim unpaid business invoices?Can I claim unpaid wages in the small claims court?Can I claim a tenancy deposit through small claims?Can I claim against a landlord for money owed?Can a landlord claim rent arrears through small claims?Can I claim for damage to rented property?Can I claim against an estate agent?Can I claim against a letting agent?Can I claim against a wedding supplier?Can I claim against a photographer?Can I claim against a gym?Can I claim against a subscription company?Can I claim against an insurer?Can I claim for a refused insurance payout?Can I claim against a bank?Can I claim against a finance company?Can I claim against a debt collector?Can I claim against a parking company?Can I claim money paid by mistake?Can I recover a deposit through a small claim?Can I claim back money lent to someone?Can I claim for property someone refuses to return?Can I claim the value of belongings that were damaged?Can I claim for goods that were never delivered?Can I claim when only part of an order arrived?Can I claim for counterfeit goods?Can I claim if a seller blocked me after payment?Can I claim against someone from Facebook Marketplace?Can I claim against an eBay seller?Can I claim against a business that has ignored my complaints?Can I claim if the business offered only store credit?Can I claim more than the amount originally demanded?Can I make a claim if I have already accepted part of a refund?Can I claim after a chargeback failed?Can I claim after my bank refused a Section 75 claim?Can I use small claims after an ombudsman complaint?Can I make a court claim while a complaint is still being investigated?Can I claim against a professional for negligence?Can I bring a small negligence claim?Can I claim for property damage caused by a neighbour?Can I claim for damage caused by a contractor?Can I claim for damage caused by a delivery driver?Can I claim for a minor road traffic accident?Can I claim vehicle repair costs after an accident?Can I claim my insurance excess from another driver?Can I claim for car hire costs after an accident?Can I claim against an uninsured driver?Can I claim against someone who damaged my parked car?Can I claim for a small personal injury?Can I claim for distress alone?Can I claim for breach of data protection?Can a data protection claim go through small claims?Can I claim against someone for defamation in small claims?Can I claim for harassment in small claims?Can I claim for nuisance in small claims?Can I claim for damage caused by trespass?Can I claim against a neighbour for boundary damage?Can I claim against a builder who damaged my property?Can I claim against someone who refuses to return my deposit?Can I claim against a wedding venue that cancelled?Can I claim against a holiday company for a refund?Can I claim against a hotel for a bad stay?Can I claim against a training course provider?Can I claim against a college or private training company?Can I claim against a storage company?Can I claim against a cleaning company?Can I claim against a furniture company?Can I claim against a kitchen installer?Can I claim against a double glazing company?Can I claim against a roofer?Can I claim against a mechanic?Can I claim against a mobile phone company?Can I claim against an internet provider?Can I claim against an energy supplier?Can I claim against a membership organisation?Can I claim against a ticket seller?Can I claim against an event organiser?Can I claim for a cancelled event?Can I claim if the defendant says there was no contract?Can I claim if there are no independent witnesses?Can I claim if it is just my word against theirs?Can I still win if the defendant denies everything?Can the judge ask both sides questions?Can the judge award less than I claimed?Can the judge award more than I claimed?Can I lose part of my claim but win the rest?Can the court split liability between both parties?Can the court order something other than money?Can small claims court order someone to return property?Can small claims court force someone to do work?Can I ask for an injunction in a small claim?Can I claim specific performance in small claims?Can I add another claim after proceedings have started?Can two disputes be dealt with in one claim?Can related small claims be joined together?Can the court combine two claims?Can I make repeat claims against the same defendant?Can I split one debt into several small claims?Can the defendant argue that I have split the claim?Can a company represent itself in small claims?Can a company director attend the hearing for the company?Can an employee represent a company at the hearing?Can a solicitor attend a small claims hearing?Can I instruct a barrister directly for a small claim?Can legal expenses insurance cover my small claim?Can my home insurance provide legal cover?Can a trade union help with a small claim?Can Citizens Advice help me prepare a small claim?Can I get legal aid for a small claim?Can I report threatening messages from the defendant?Can I ask the court to keep my address private?Can I protect confidential documents in a small claim?Can I redact personal information from evidence?Can the public attend a small claims hearing?Can newspapers report a small claims case?Can I record a small claims hearing?Can I take photographs inside the court?Can I ask for a transcript of the hearing?Can I request written reasons from the judge?Can the court automatically strike out an inactive claim?Can I recover an application fee if I win?Can the court make an order without a hearing?Can I ask for relief from sanctions?Can I email documents to the court?Can I contact the judge directly?Can I send evidence directly to the judge?Can I force disclosure in the small claims track?Can I request specific documents from the defendant?Can I ask the court to order disclosure?Can I challenge the authenticity of a document?Can I accuse the other side of lying?Can someone be punished for false evidence?Can I use documents obtained after the claim started?Can I rely on a recording the other side did not know about?Can the defendant use my social media against me?Can previous settlement offers be shown to the judge?Can the judge encourage settlement at the hearing?Can I accept an offer after rejecting it earlier?Can a settlement include confidentiality?Can I enforce a settlement agreement?Can I turn a settlement into a court judgment?Can I pause proceedings while instalments are paid?Can the claim continue if the first instalment is missed?Can I request judgment for the remaining balance?Can I claim interest after judgment?Can I add enforcement costs after judgment?Can I trace a defendant before enforcing judgment?Can I find out where the defendant works?Can I find out which bank the defendant uses?Can I enforce against a defendant's vehicle?Can bailiffs take the defendant's car?Can bailiffs enter the defendant's home?Can I try a different enforcement method later?Can I use more than one enforcement method?Can I continue a claim against a deceased person's estate?Can someone continue my claim for me?Can a minor make a small claim?Can a parent bring a small claim for a child?Can someone lacking mental capacity bring a small claim?Can a litigation friend be used in small claims?Can I bring a claim if English is not my first language?Can I ask for an interpreter at court?Can I ask for extra time because of disability?Can the court make reasonable adjustments for me?Can I request a hearing close to home?Can I request a telephone hearing because of travel difficulties?Can I request the hearing be moved because of work?Can a Welsh small claim be heard in England?Can I make a small claim in Wales?Can proceedings be conducted in Welsh?Can I use the English small claims process against someone in Scotland?Can I enforce an English judgment in Scotland?Can I enforce an English small claims judgment in Northern Ireland?Can I claim against someone in Northern Ireland?Can I use the small claims track for a cross-border UK dispute?
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How much can I claim in the small claims track?How do I start a small claim?How long should I give someone to respond before claiming?How do I prove a verbal agreement in court?How do I find the correct defendant for my claim?How do I complete the small claims form?How much detail should I put in my claim?How do I calculate the amount I am claiming?How do I calculate statutory interest?How much is the court fee for a small claim?How do I apply for Help with Fees?How do I know the defendant has received the claim?How long does the defendant have to respond?How do I request judgment in default?How do I respond to the defendant's defence?How do I discontinue a small claim?How do I respond to a counterclaim?How do I complete the Directions Questionnaire?How does the court decide which track to use?How do I apply for an extension of time?How do I write my witness statement?How should I organise my documents for the hearing?How many copies of the documents do I need?How do I record a settlement before the hearing?How long does a small claims hearing usually take?How should I address the judge?How do I cross-examine someone in a small claim?How do I apply to adjourn a small claims hearing?How do I enforce a small claims judgment?How do I apply for a warrant of control?How do I find out what assets the defendant has?How long do I have to enforce a small claims judgment?How long do I have to appeal?How much does a small claims appeal cost?How strong does my evidence need to be?How do I obtain a copy of the judgment?How do I get a stayed claim restarted?How do I restore a struck-out claim?How much does a court application cost?How do I ask the court to vary an order?How do I know the court received my documents?How should I communicate with the court?
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Do I need a solicitor for a small claim?Do I need receipts to make a small claim?Do I sue the company or the company director?Do I need to quote the law in my small claim?Do I have to explain every piece of evidence in the claim form?Does the claim have to be filed at my local court?Do I need to serve the claim myself?Do I have to file a reply to the defence?Do I need permission to amend my claim?Do I have to pay a fee to defend a counterclaim?Do I need a witness statement for a small claim?Does my witness have to come to the hearing?Do I need to make a court bundle?Do I need permission to use an expert?Do I have to take part in mediation?Do I speak directly to the other side during mediation?Does Part 36 apply to small claims?Do I need a Tomlin order for a small claim?Do I need to tell the court if the case settles?Does winning a small claim guarantee I get paid?Do I need permission to appeal?Does acknowledging a debt restart the limitation period?Does part payment restart the limitation period?Does sending a letter before claim stop limitation running?Does mediation stop the limitation period?Does the judge investigate the case themselves?Do I need a hearing for an application?Do I have to copy the defendant into court emails?Do normal disclosure rules apply to small claims?Does judgment interest apply to small claims?Does Scotland have the same small claims track?
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Should I send a letter before making a claim?Should I use Money Claim Online?Should I discontinue the claim if I have been paid?Should I accept a settlement offer before the hearing?Should I delete social media posts before a hearing?Should I make an open offer to settle?Should I check whether a company is solvent before claiming?Should I check Companies House before issuing?
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What should I put in a letter before claim?What happens if the other person ignores my letter before claim?What evidence should I collect before starting a claim?What if I do not know the defendant's current address?What should I write in the particulars of claim?What if there is not enough space for my particulars of claim?What costs can I recover if I win?What is Online Civil Money Claims?What is the difference between MCOL and a paper claim?Which court do I send my small claim to?What happens after I submit the claim?Who serves the claim on the defendant?What happens if the defendant refuses to accept the claim?What happens if the claim is sent to the wrong address?What happens if the defendant ignores the claim?When can I apply for default judgment?What happens after I get default judgment?What happens if the defendant files a defence?What happens if the defendant admits part of my claim?What if the defendant admits the whole claim?What happens if the defendant offers to pay by instalments?What happens if the defendant pays after I issue the claim?Will I have to pay costs if I discontinue?What happens if the defendant counterclaims against me?What is a Directions Questionnaire?What happens if I miss the Directions Questionnaire deadline?Which court will hear the small claim?What happens if the claim is worth more than the small claims limit?What happens after the case is allocated?What are directions in a small claim?What deadlines will the court give me?What happens if I miss a court deadline?What happens if I do not comply with court directions?What does strike out mean?What is a witness statement?What should be included in a witness statement?What is a statement of truth?What happens if I make a mistake in my witness statement?What happens if the other side sends evidence late?Who prepares the bundle in a small claim?Who pays for an expert report?What if the parties' experts disagree?What is small claims mediation?What happens during mediation?What happens if mediation does not work?What happens if the defendant breaks a mediation agreement?What does without prejudice mean?What is a Part 36 offer?What is a Tomlin order?What happens if we settle just before the hearing?What is a small claims hearing like?Will the hearing be in a courtroom?What is a paper determination?What should I take to the hearing?What should I wear to a small claims hearing?Who speaks first at a small claims hearing?Will I have to give evidence?Will the defendant question me?What is a McKenzie Friend?What happens if I cannot attend the hearing?What happens if the defendant does not attend?What happens if I do not attend my own hearing?What happens if the judge dismisses my claim?What happens if I win my small claim?When does the defendant have to pay after judgment?What if the defendant still refuses to pay?Which enforcement method should I use?What is a third party debt order?What is an order to obtain information?What if the defendant company has no money?What if the defendant becomes insolvent after I win?What happens if the defendant pays part of the judgment?What if the defendant misses an instalment?Will the judgment affect the defendant's credit record?What happens if judgment is paid within one month?What grounds are needed to appeal a small claim?What is the difference between appeal and set aside?What if the judge did not consider my evidence?What if the court lost my documents?What if court papers were sent to the wrong address?What is the limitation period for a small claim?When does the limitation period start?What happens if limitation expires while we are negotiating?Will a personal injury claim use the small claims track?What does balance of probabilities mean?Who has to prove the case in small claims?What happens if both sides are partly at fault?What happens if the defendant intimidates me before court?Will my small claim appear online?What happens if the court hearing is cancelled?Why has my small claim been stayed?What does a stay of proceedings mean?What is an application notice in a small claim?When do I need Form N244?What happens if documents were filed one day late?What if the court does not answer emails?What can I do if the court loses my claim papers?What documents must be sent to the other side?What happens if the defendant refuses to provide documents?What if the defendant destroys evidence?What if the defendant produces fake evidence?What happens if someone lies in a witness statement?What does without prejudice save as to costs mean?What if I settle but the defendant does not pay?What happens if enforcement finds no goods?What happens if the company goes into liquidation during my claim?What happens if the defendant dies during proceedings?What happens if I die during my small claim?What happens if both sides live in different parts of England?