Thinking of suing in a county court?
(for England, Wales and Northern Ireland)
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If you have been given faulty goods or a bad service or, perhaps, not received the goods or service at all, you are entitled to seek redress in a county court. There are different levels (referred to as ‘tracks’) of the county court. If your claim is under £5,000 then it will be heard in the small claims track. However, it is vital that the procedure is followed correctly. There is also little point in suing if the other party is unlikely to be able to pay or unwilling to do so. It is wise to check their financial and trading circumstances.
If you are going ahead with the claim, the first step is usually to notify the other party, in writing, that you intend taking court action. This is called a ‘letter before action’. You should then ask your local county court for a claim form to complete. It is very important to make sure that you sue the correct person/business, checking if it is a sole trader, a partnership or a company. The completed claim form, plus copies and the fee must be taken to the county court.
You should be well prepared for the hearing with any relevant documentation. If you win your case, the Judge will order the defendant to pay either immediately, by instalments or in full by a certain date. If you lose your case, the defendant may be able to claim limited expenses from you.
