Small claims
A small claims action is a "do it yourself" legal remedy. If you believe you are owed money, for example, if your landlord has unlawfully withheld your damage deposit, it is possible to go through the County Court to recover this sum.
You pay a one off fee to the court when you start your action (on average between £45 - £75). This amount is then added to the amount that you are claiming from the other person.
It is not a complicated legal process and generally, claimants do not require legal representation. If you chose to have a solicitor help you with your small claims action, please note that you are unlikely to be able to recover your legal costs.
You will need to fill out a court form (obtained from any county court) setting out the details of your case. The court will then send this form to the person you name as the defendant. The defendant will have the opportunity to pay up, or to defend the small claims action. Eventually, if the matter is not settled, both parties may need to attend the county court offices for a hearing of their case.
The hearing is relatively informal and you will have the opportunity to put your case forward. After hearing the arguments from both sides, the court will make a ruling.
As a general rule if the amount of money you are owed exceeds £5000 you will be excluded from bringing a small claims action. The court will advise you if this is the case.
For a comprehensive explanation of the small claims process see the leaflets at http://www.courtservice.gov.uk/you_courts/civil/claimant/small/intro.htm
You can also get some financial support from the Small Claims Fund administered by the SU Advice and Counselling Centre.
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