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The process of issuing a claim for a debt, compensation for a poor service from a tradesman, damage to your property or anything that has 'two sides to it', and of a value above £25.00, follows the one set procedure.
The leaflet is in PDF format therefore Adobe Acrobat Reader (free download) is required for viewing.
How to Make a Court Claim Issuing a claim is a simple task. Download form N1 (basic money claim) from the 'County Court Forms' package (link below), then print out the finished form (alternatively you can telephone the court for the form).
The above link will direct you the full list of forms (form N1 and it's counterparts will be at the top). However, to download the forms - in PDF format - you will require Adobe Acrobat Reader (free download).
You should also download forms N1A, N1C and N1FD which give guidance on how to complete form N1 and also provide general notes to yourself (the claimant) and the defendant.
You should make a copy of all the forms after completion so that you have:
Current fees and help leaflets are included in the 'County Court Forms' package or in hard copy from the county court. County Court Service.
Late Payment Interest on Debts
You have a legal right to claim interest on any outstanding debts and therefore you may wish to claim for this in addition to the original fee.
To read further on Late Payment Interest and to work out how to calculate late payment interest, visit:
An Overview of The Claims Procedure in an Undefended Case
The following is the 'claims' procedure in an undefended case:
Stage 1 - Starting Court Action
Complete the 'claim form' (N1); send the claim form to your local county court with the required fee.
Stage 2 - Obtaining Judgment - the County Court Judgment (CCJ)
To check if a company or individual has a county court judgment send £4.50 (for each company or individual) to:
Registry Trust Limited 173 - 175 Cleveland Street London W1P 5PE
or telephone 0171 380 0133
Include full names - first, middle, last, all that you can - and address - post code etc.
Within 3-6 weeks you will receive a form from the court (N205A) giving you a date on which the defendant was sent a copy of the claim form*. If the debtor has not paid you direct within fourteen days from the date the copy was posted to, and received by, the defendant - you can ask the court to give you a 'Judgment':
* The action of the court sending the Defendant a copy of your claim form is called the 'Date of postal service'.
To request a 'Default Judgment' you must complete the bottom section of form N205A, or if for any reason you do not posses this form, you can complete form N225 from the 'County Court Forms' pack.
A 'Judgment' means that you have validated the debt you are owed. A Judgment in its self is not something that will recover your debt. What you hope to achieve when you issue a claim is for the defendant to admit to themselves that the debt is due, and then send you full payment before attending court: you then discontinue your claim.
From the date of the Judgment, the Defendant will have 28 days to pay you before the Judgment is permanent.
Often, after you obtain a Judgment, you will have to take ‘enforcement’ action, being:
Stage 3 - Enforcement Action
Enforcement is applied for through the court by completing a simple form, and payment of a reasonable fee. The fee and form is sent to the court with a copy of the Judgment.
Enforcement action is the method of extracting payment from a debtor that has not paid you, ignored you, can pay you (but won't) or can't pay you.
There are a number of enforcement options, the most popular being:
- numbers in ( ) represent 'County Court Forms' numbers -
a) Warrant (N323) - the use of county court bailiff, or High Court sheriff
b) Orders to obtain Information from Judgment Debtors (formerly: Oral Examination - a financial examination of the debtor, under oath, at the debtors home court. Corporations must serve (deliver) the Order themselves: individuals can request the court to serve. The creditor can request a District Judge to ask the questions (previously this was the task of a court clerk who, with the greatest of respect, in my experience, always had a tough time extracting useful information from debtors). Prison is now a real threat if debtors fail to attend hearings.
c) Attachment of Earnings - deduction of debtors wages, at source (by employer).
d) Third Party Debt Orders (formerly Garnishee) - utilizes debtor's bank account to extract payment, with application through the court that judgment was obtained.
e) Charging Order - your debt is secured on the debtor's asset (house), with application through the court that judgment was obtained.
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