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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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