How to Use the Small Claims Court and What You Can Expect

The small claims court is considered to be easy to use. There’s no need for an attorney and you can make an application online. 
You will start preparations by writing a letter staking your claim. We cover what should be included a little later on. 

Going To Small Claims Court

You can use the small claims process for many money related problems. There are different claim value limits depending on where you are.
Even sometimes if your claim is within the limit, a judge might decide that the case is too complicated for the small claims process. If that happens, pursuing the claim outside the small claims process can be more complicated, more expensive, and take longer. You might also need attorney to help prepare your case.

You’ll need to Be Eligible Criteria to Make a Small Claim

• The claim is for $10,000 or less 
• Be over 18
• Have an address in the UK
• The relief requested is for money only.
• Not be making a claim for personal injury or tenancy deposit
• You will not claim under the Consumer Credit Act 1974
• Disputes for more than $10,000 claims cannot be brought in Court.
• Disputes where you sue to make someone do something, such as perform a service or return property are claims that cannot be brought in Small Claims Court.

How to Use the Small Claims Court

If you want to use the court then follow these steps:

Jurisdiction 

Determine if your dispute falls within the small claims court's jurisdiction. This usually involves arguments related limited amount of money, depending on the jurisdiction.

File a Claim

Obtain the necessary forms to file a small claim in the small claims court and fill them. Provide details about what type of claim and how much amount of money you're seeking.

Serve the Defendant 

Depending on the rules in your jurisdiction the defendant is properly served with the court papers, usually by using process server or through certified mail 

Prepare for Court

Prepare the case by gather any evidence, documents or witnesses that support your case in court. Organize your materials and be prepared to present your case in a clear and with confidence.

Attend the Hearing

On the scheduled hearing date, appear in court early and present your case to the judge in small claim court. Ready to answer any questions ask in court with confidence and provide evidence to support your claim.

What to Expect In Small Claims Court

Small claims court procedures and rules can vary by jurisdiction but in generally, you can expect a simplified and advanced process compared to regular civil court. The judge will listen to both sides of the case, evaluate the evidence, and make a decision. If you win, the court may issue a judgment in your favor, which you can then take steps to apply if the defendant does not obey happily.

• Come to court organized and be prepared.
• Arrive timely. Your case may be heard without you, if you arrive late. Hardly have they given 10 minutes to present the case in the court.
• Bring 4 to 5 photocopies of all your evidence for each party and the judge.
• Any types copies submitted to the judge the day of trial may not be returned to you.
• Bring all your witnesses.
• Before the case is heard, the parties might need to share and review any documents they plan to present as evidence to the judge. This exchange must take place before the court date.
• To avoid a continuance, you may decline a temporary judge when you file your claim and.
• The case proceedings will not be recorded.
• Bring an interpreter if you are not speaking in the English language, because small claims courts do not provide interpreters.
• The judge will usually not tell you the decision in court. The decision (judgment) will be mailed.