Claimant User Guide
Information you should consider before making a claim
Issuing a claim should be your last resort. You should first consider other ways to settle the matter. For example, if you are owed money, you could write a letter to the person who owes it. Say how much they owe, what it is for, and what steps you have already taken to recover the money. Include a warning that you will consider issuing a county court claim if they do not pay by the date you give. Sometimes this warning will encourage them to pay and you will not have to go to court. Keep a copy of the letter and any reply. You are strongly advised to read Her Majesty's Court Service leaflet: Making a Claim: some questions to ask yourself.
Will I get my money?
It is important to consider whether the person, firm or company you are claiming from is likely to be able to pay. If they:
- are unemployed, bankrupt, or their company has been wound up;
- have no money of their own, no personal property & nothing else of value belonging to them (such as a car) which is not hired or subject to a hire purchase or lease agreement;
- have ceased to trade; and
- have other debts to pay
the court may not be able to help you get your money. However, you may be able to get your money if you are prepared to accept small instalments over a period of time. If the person or company is bankrupt, you will probably not get your money. You can contact the Insolvency Service at 21 Bloomsbury Street, London WC1B 3SS, Tel: 020 7637 1110. You need to tell them the full name of the person or company and their last address. They will tell you if the person is bankrupt, or if the company is in 'compulsory liquidation' which means that the company has probably stopped trading. This usually means the company will not have either money or assets.
No court can guarantee that you will get your money back. Before you decide to go ahead with any court action, you must give serious consideration to whether you are likely to get all or some of your money.