The cost implications of taking someone to small claims court

DisgruntledOne

Hi all,

I am considering taking someone to small claims courts for a sum owed. My question does not relate to the legitimacy of the claim, but rather the potential outcomes.

I am aware of the financial outcomes should i win the case, however my questions is that should the position arise where i am unsuccessful in my claim what may i expect the costs i could incur (at worst) to include?

Thanks in advance for any assistance.

BitterAndTwisted

It costs about £60 to start a claim in the county court via the fast-claims track. If you win, you could be awarded your costs. If you lose, you swallow your sixty quid. The real costs start when you attempt enforcement if the other party won't pay up.

lostinrates

BitterAndTwisted wrote: »

It costs about £60 to start a claim in the county court via the fast-claims track. If you win, you could be awarded your costs. If you lose, you swallow your sixty quid. The real costs start when you attempt enforcement if the other party won't pay up.

We were recently awarded a summery judgement in our favour when we took a case against a business to small claims court.

The company did not pay the damages award by the court and the court advised us to instruct sheriffs. So we did. This then when for a high court judgement, I believe a small fee was payable PLUS a fifty pound charge for each address they visited in attempt to recover money. The costs of the jusdgements etc were added to the initial award amount, and this was significant enough to make the fee worth swallowing. I'm sorry I cannot be more precise. But recovery was cost effective for us, (on the award amount) but took a while. If the other side simply don't HAVE it to give, its a whole different situation I think........

Lucy_Lastic

I am considering taking an individual to the small claims court for a sum of £1250, but as he is bankrupt I'm not sure it will be worth it. He has/had a number of businesses and properties, but I would not be surprised to find that he has no assets in his own name.

I have already sent him a letter asking for payment and also sent a letter to the official receiver. I'm not sure I want to throw away more money on a lost cause.

DisgruntledOne

Ok great.

The party does have the finances to settle the amount. I have no worries about cost implications should i win.

My fear lies with any potential added costs to myself (in addition to the ~£70 court fee) should i lose the case?

Lucy_Lastic

I had a quick look on the website last week to see what the fees would be, but did not look into it further. Is there nothing to help you there?

Lucy_Lastic

Scroll down through this page, last para of the final hearing.

http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

DisgruntledOne

Ah ok great that's definitely positive information!

fannyanna

I'm not 100% sure but I think you could be liable for the other sides costs if you lose.

Edit: Just found this on the CAB website....

If you are the claimant and you win your case, you will get the court fees back as well as the claim, and you can ask for certain expenses also. If you lose, you will not get the court fees back. But it is unlikely that you will have to pay any other costs.

DisgruntledOne

Yeah thanks, that's the detail Lucy Lastic alerted me to. I do wonder what happens in the 'unlikely' event though.

ali-t

I have recently been through this and the costs do add up. We have had to pay for sheriffs officers to serve the warrant and lots of extra costs - some at £50ish and others £10 or so but it all adds up. We won but are now paying more sheriffs officers to try and get the money from him. A bittersweet victory as winning doesn't actually mean anything!