CCJ procedure

Asas

Out of curiosity, if someone accuses you of owning some money and go to the small claim court, will the court just issue the CCJ letter? And then you will have to deal with it? Pay up or defend? If it is, isn't it a waste of time and energy for defendants? when you file it to court do you have to produce some supporting documents? Isn't there a chance it can be used as blackmail?

Arleen

Since it's just out of curiosity have a read at official page about it as it explains the procedure quite well. https://www.gov.uk/make-court-claim-for-money/overview

Asas

It doesn't really explain. If someone accuses you wrongly it can cause unnesseary stress to the defendants. What I wonder is if there is any screening stage before the court send a letter to the defendants. Or total trust given to the accuser?

Arleen

Screening of what exactly? Anyone suing someone must not only fill the paperwork but also pay good money just to fill in the case. If it goes further then they have to pay future costs as well. I mean if receiving a civil lawsuit causes so much stress to a person then I'm not sure what to say.
That person may have a recourse of suing them for emotional distress but that would require for the case to be vexatious and most likely medical proof of how stress caused by the case, and case alone, hindered ability to life and function. But that is a long shot as most people don't react so strong to merely being sued in civil court.

Edit:
Also worth adding that harassment of any kind can be a criminal offence. So if someone were to harass you via court system, for example making claims and never following through on them then you should probably go to the police.

Asas

It's only £70 or £80 to take someone to small claims court. May be civil court is not a big deal then.

Thank you for you reply. I always wondered if it can be used to cause a trouble to someone. I would feel so nervous if I was accused.

Arleen

Asas wrote: »

It's only £70 or £80 to take someone to small claims court. May be civil court is not a big deal then.

Thank you for you reply. I always wondered if it can be used to cause a trouble to someone. I would feel so nervous if I was accused.

Check out my edit, for some reason that didn't make it to the post.

And it's 80 quid just to sue. If you deny the claim then it will be around 350 for the hearing, and you can ask to have the hearing in your local court. And if they lose the case, they don't get any of the costs back + you are entitled to travelling fees back if you incurred any. Additionally if their case was just complete bonkers you can try to sue for lost time and maybe stress and/or harassment, but those two are a long shot. If you were to win your lawsuit you will get your court costs back + whatever is awarded.

Asas

Thanks a lot. So the costs and possibility of losing the case will deter people suing without good ground.

I've seen a post regarding one lady's friend accused of borrowing money. She received a court letter so obviously she would defend herself at court but it can be upsetting. ever since I wondered it may be better to check the details of claims and provided evidence before issuing the Court letter. However i can see why it can't be done.

Thank you so much for your reply.

boo_star

Asas wrote: »

Thanks a lot. So the costs and possibility of losing the case will deter people suing without good ground.

I've seen a post regarding one lady's friend accused of borrowing money. She received a court letter so obviously she would defend herself at court but it can be upsetting. ever since I wondered it may be better to check the details of claims and provided evidence before issuing the Court letter. However i can see why it can't be done.

Thank you so much for your reply.

Anyone repeatedly starting frivolous claims may find themselves labelled a vexatious litigant and be unable to use the civil courts without permission.

https://www.gov.uk/guidance/vexatious-litigants

bris

You go to court first and if you lose and don't pay within 14 days then and only then will a CCJ be issued.


They need proof the money is owed, you need proof it isn't. The courts then look and hear all the evidence and make a decision.

Vikipollard

bris wrote: »

You go to court first and if you lose and don't pay within 14 days then and only then will a CCJ be issued.


They need proof the money is owed, you need proof it isn't. The courts then look and hear all the evidence and make a decision.

They need to prove the money is owed, yes. The Court would expect them to be able to provide that.

Without that proof, how on earth could you be expected to prove it isn't...?

dresdendave

Asas wrote: »

Out of curiosity, if someone accuses you of owning some money and go to the small claim court, will the court just issue the CCJ letter? And then you will have to deal with it? Pay up or defend? If it is, isn't it a waste of time and energy for defendants? when you file it to court do you have to produce some supporting documents? Isn't there a chance it can be used as blackmail?

If I was accused of owning money I'd just plead guilty. As far as I'm aware it's not illegal. Or is your accuser suggesting the money you own was obtained illegally, through crime, laundering or suchlike?