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- If you sue someone you start court proceedings to bring a legal claim against them. This can also be known as taking legal action, bringing a claim, bringing a civil claim, going to court, starting legal proceedings or litigation.
www.advicenow.org.uk/guides/things-you-need-know-about-court-procedure-you-sue-someoneThings you need to know about court procedure before you sue ...
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You can apply to a county court to claim money you’re owed by a person or business. This is known as making a court claim. It often used to be known as taking someone to a ‘small claims court’....
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- Court Fees
- The Civil Procedure Rules
- Rules You and The Trader Must Follow in The Run Up to Court
- Settling Your Claim Out of Court
- Write A Letter Before Action
- Next Steps
The court wants to make sure that each case is dealt with fairly. If you decide that you want to take someone to court, both you and the trader will be expected to co-operate with each other as far as possible. The Civil Procedure Rules are there to make sure that: 1. you and the trader are on an equal footing 2. you and the trader have tried to us...
There are rules you and the trader must follow to make sure that time and money are not wasted in the run-up to going to court. This is called the Practice Direction on pre-action conduct.It says you and the trader must: 1. let each other see any relevant documents 2. share the cost of expert evidence where possible 3. write a letter before action ...
You should always see if you can settle a dispute with a trader out of court, before you make a claim. There are qualified people who can look at your problem to try and help you and the trader sort it out without going to court. This is also known as alternative dispute resolution(ADR). 1. More information about settling out of court
If you have tried alternative dispute resolution to settle out of court and it didn't work or if it isn't an option for you, you will need to write a letter before action before you take someone to court. You need to do this as part of pre-action conduct.
- Write a letter before claim. Write ‘Letter before claim’ at the start of your letter to show this is a formal letter. If you’re complaining about faulty goods, you can use our template to write your letter before claim.
- Filling in the claim form. If you don’t get a reply or you’re not satisfied with it, you can start your small claim. You can either: download and print a claim form to send by post - this is called the ‘N1 claim form’
- Making a claim online. You can use the Money Claims service to make a small claim if: you’re claiming less than £10,000. you’re over 18 or your claim is against someone who’s over 18.
- If you can't use Money Claims. You can try using Money Claim Online (MCOL). You can make a claim using MCOL if: you’re over 18. you want to make a claim against someone who’s over 18.
- Check if you can make a small claim. The rules about making a small claim depend on what the claim is for. If you’ve had a problem with a service or product.
- Check what evidence you need. If you don’t have good evidence, you won’t have a strong claim and it might not be a good idea to start one. Gather together any documents or photographs you have to support your claim.
- Check the cost of making a claim. It might not be worth making a claim if it’s going to cost you almost as much as you’re claiming. You’ll have to pay a fee to make a claim.
- Check how likely you are to be paid if you win. If the person or company you’re claiming against can’t pay, you’re unlikely to get your money back. In some cases you might still be able to claim money even if they can’t pay - for example, if they have assets like a business or property.
How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information from withdrawn guidance EX303, EX304, EX306, EX321, EX325 and...
This guide will help you to understand how to start your claim if you have decided to take someone to court. This is also sometimes called suing someone, or starting legal proceedings. This guide looks at who can use the new online court services, and how you start a claim using the N1 form.
If you sue someone you start court proceedings to bring a legal claim against them. This can also be known as taking legal action, bringing a claim, bringing a civil claim, going to court, starting legal proceedings or litigation.
