Disputed Claims

It's only when a claim is disputed that you discover whether your case will be allocated to the small claims track. A judge will decide whether it fits the criteria. If it doesn't fit the criteria, a judge will allocate the case to a different track (fast track or multi-track) of the county court. You'll have to decide whether to proceed or withdraw, taking account of the more formal procedures and the risk of incurring the defendant's costs should you lose the case.

You will be sent a copy of the defendant's case and asked to fill in allocation questionnaire form N150 to put your case on the small claims track. On the form you can apply to put forward evidence from an expert witness.

Assuming your case is accepted for the small claims track, you'll be told when and where the hearing will take place and what you need to do. Sometimes a judge requires a preliminary hearing. If not, there's only one hearing and typically it will last for no longer than an hour. A judge may not even require a hearing if a decision can be taken on the paperwork alone.

If you win but the defendant ignores the judgement, it will be up to you to enforce the judgement, which might require you taking further legal action. County court staff can advise on the procedure.