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Small Claims Court
Support.co.uk |
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YOUR CLAIM PROCESSED IN THE UK
SMALL CLAIMS COURT |
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Below are listed the most common
documents which Claimant's will come across during the progress of a Small
Claim. Please note that all such forms are fully supported by the Claim Link
service and completion, interpretation and filing are effected as part of our
telephone and email support service - at no extra charge.
The important
forms are:
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| Acknowledgment Of Service N9 |
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This is a form which the
Defendant uses to confirm receipt of the Claim Form and advise both the
Claimant and the court that they intend to dispute/defend the claims. The
Defendant has 28 days to provide details of the Defence - failure to do so
means that the Claimant can apply for
Judgment in Default.
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| Admission (Specified Amount) N9A |
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If the Defendant decides to
admit the Claim they can respond with the Admission form. The N9A is for if the
whole of the Claim is admitted and the Defendant can use an N9B (detailed below) if part of the Claim is admitted. The N9A
form allows the Defendant to make a statement of their means and an offer of
payment either the whole amount on a date specified by the Defendant or in
monthly installments.
The Claimant can accept the offer of payment or
decline it giving reasons.
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| Allocation Questionnaire N150 |
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If the Defendant informs
the court that they intend to defend the claim an Allocation Questionnaire (AQ)
is forwarded to the Claimant. The purpose of this form is to allow the court to
allocate the claim to the appropriate track, fix a hearing date and allow both
sides to provide the court with essential information for the conduct of the
claim.
The Defendant has the opportunity to request that the hearing
is at a court local to them (although the court will normally do this
automatically) and both sides are able to specify dates on which they cannot
attend a hearing.
The AQ also allows for both sides to specify the
names of witnesses attending - make sure that you include yourself.
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| Application For An Order That Debtor Attend Court
For Questioning N316 |
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This is the starting point
for the implementation for an Order to
Obtain Information. The Defendant is referred to as the Judgment Debtor and
the Claimant is the Judgment Creditor. The form details the information which
the Judgment Debtor must produce and the Claimant (Judgment Creditor) can
specify other documents or information which they consider relevant.
The form also gives the Judgment Creditor the opportunity to request that they
are allowed to question the Judgment Debtor in person - but good reason should
be provided for this.
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| Application For Charging Order On Land Or Property
N379 |
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The form provides for
information in respect of the Defendant's property over which the Claimant is
seeking an order. The form is detailed and requires significant information
about the property. In particular the Land Registry Title Number, other persons
with an interest in the property and if the Claimant is aware of any other
creditors.
It is usually advisable to obtain legal advice prior to
submitting this form.
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| Application For A Third party Debt Order
N349 |
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The
Third Party Debt Order was
previously known as a Garnishee Order. The form allows for the Defendant's bank
or building society details to be included or for a party who is not a bank or
building society to be specified.
It is generally advisable to include
account numbers - but not essential. However, the court do like to know how the
Claimant obtained the account information and this should be included on the
form.
This is a general purpose
form and can be used for an application to the court for a specified order. A
witness statement or other form of evidence is required along with a
Statement of Truth.
The starting point for any
claim. Full details of all parties should be entered along with the quantum and
Particulars of the claim. Clarity is
important when completing the N1 and it is advisable to include a brief
calculation as to how the claimed amount is determined.
There is
provision to include Statutory Interest
and the Particulars should be as detailed as possible. The court fee is
required to be paid at the time of filing the N1 and a
Statement of Truth must be
completed.
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| Defence/Counterclaim (Specified Amount)
N9B |
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If the Defendant disputes
either all or part of the claim they can file a form N9B. The form also allows
the Defendant to state how much has been paid (if any) how much is admitted (if
any) and the whole of the claim has been paid.
If the Defendant
disputes the claim in full there is a section for the detailing of a Defence.
If the Defendant intends to make a counter claim they must pay the appropriate
fee when the form is returned to the court.
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| General Form of Judgment or Order N24 |
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When a judgment is entered
at court as result of a hearing or consideration by a District Judge a Judgment
Order will be issued. Copies go to both the Claimant and the Defendant and
contain detailed information in respect of the Judgment. A straightforward
Judgment will detail:
- The sum in
respect of the original claim
- Interest
- Any costs or
expenses
- The total and how
it should be paid
There will be a final date for payment
and if installments have been agreed how these should be paid.
More
complex judgments may require a new hearing or further actions or
documents.
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| Judgment For Claimant (In Default) N30 |
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If the Defendant fails to
respond the Claimant can apply for Judgment In Default. This is normally
granted as a matter of process and both sides are forwarded an N30 detailing
what the Defendant must pay.
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| Notice Of Allocation (Hearing) N157 |
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When the court have
assessed the Allocation Questionnaire the claim will be
allocated to the appropriate track and a hearing date fixed. The N157 details
this and is forwarded to both sides. Specific
Directions are included on the form,
in particular in respect of the filing of documents prior to the hearing.
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| Request For Judgment N225 |
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If the Defendant fails to
respond to the N1 Judgment in
Default is not automatic and this form is used to apply for same. Also,
this form can be used if the Defendant makes an offer of payment - the Claimant
having the option to accept, decline and propose alternatives.
On the
form is the option claim additional interest since the date of the claim and
court fees.
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| Request For A Warrant Of Execution
N323 |
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If the Claimant requires
the Court Bailiff to enforce a
judgment the N323 should be completed. On the form is the provision for the
Claimant's contact details including telephone numbers. It is essential to
include these so that the bailiff can make contact as necessary.
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