So , your customer hasn ’ t just been tardy in paying , they ’ ve made all sorts of promises , none of which they ’ ve kept . You ’ re now thinking they will never pay . The question is what can you do about it ?

The short answer is to use the “ small claims court ”. This article is designed to give you some pointers on how to sue someone using this route .

Just remember this article is not formal legal advice . To be absolutely certain of your ground , pay a qualified solicitor for advice .

Why use the small claims court ?

The difficulty with asking for money is that you do all the running . If the debtor ignores you , there are no consequences for them .

That changes if you go to the small claims court . If they do nothing all sorts of nasty things can happen to them including a County Court Judgement that will blight their credit record and a bailiff turning up to seize their goods .

However , before you start you must have stated your claim in writing and warned them you will take court action if they don ’ t pay by a stated date .

Background information

It ’ s best if you have a written agreement about the work and cost but remember that a verbal agreement is still legally binding . It ’ s also good if you have proof of the work with pictures showing what happened plus emails etc where you chased them for payment . If you used an app for generating quotes and invoices , such as Powered Now from my Company , this record will be useful evidence about the work and that will help .

You are encouraged to try mediation but this isn ’ t _compulsory

When can you use the small claims court ?

The total amount claimed can only be up to £ 10,000 (£ 5,000 in Scotland and £ 3,000 in Northern Ireland ). Claims in England , Wales and Northern Ireland must be lodged within 6 years and within 5 years in Scotland .

You are encouraged to try mediation but this isn ’ t compulsory . If there is a genuine dispute rather than the debtor simply won ’ t pay , this may be a better route to try , see civilmediation . org / for-the-public / about-mediation /.

How much does it cost ?

The costs go from £ 25 for under £ 300 claims up to £ 410 for £ 5,000 to £ 10,000 . Never leave the “ Amount claimed ” blank . You may get interest too but don ’ t include this in your “ Amount claimed ”.

Making the case

File the case online at www . gov . uk / make-money-claim . It ’ s cheaper and more efficient .

You will be asked to explain :

• How you have attempted to resolve the dispute

• Your details

• Their details

• Claim amount listing each claim and amount but excluding interest and court costs

• Claim details explaining what happened , who is responsible and why . State the facts in plain unemotional terms

The next page has the list of evidence . Try to make it as easy as possible for the judge to find things by listing everything in date order and clearly stating what each item is . The evidence consists of :

• Contracts and agreements

• Expert witness statement ( only allowed if the court has previously agreed to this )

• Letters , emails and other correspondence

• Photo evidence

• Receipts

• Statements of account

• Other evidence

Your objective is to establish that what you are claiming is on the balance of probabilities the truth . Remember if someone is given a contract and pays the money related to it and the work is done , the contract exists whether it has been signed or not as it has been “ accepted by conduct ”.

The next step

Both you and the defendant will be sent copies of the claim and the defendant receives a response pack which they can use to state their defence . They only have 14 days to respond with options to give a defence or an “ acknowledgement of service ”. This would give them a further 14 days more to put their defence together .

Many people will settle up once they have been sent the claim . Then they can see that you weren ’ t bluffing .

Attending court

Most times you won ’ t need to attend court . If you actually need to attend the hearing there is some very useful help that can be found by searching Google for “ Citizens advice Going to a small claims hearing ”.

Remember that there will only be a hearing if the judge believes that this is necessary . You ’ ll be asked to send copies of documents to both the court and the defendant so send these by recorded delivery and keep proof of postage . If you ’ re worried , ask your local county court if there ’ s a hearing you can attend beforehand .

Re-read all of the material just before the case , remember to take originals of documents with you and make notes of anything the defendant says that you think is wrong . You can take a friend or relative with you for support .

The judge will give their decision at the end of the hearing and explain the reasons .

Default judgement

If the person or company you are lodging your claim against doesn ’ t reply to your claim within 14 days , you can ask the court for a “ judgment by default ” and you may win your case by default providing it is sound .