Debt Recovery in the Small Claims Court
Do you need to sue someone for an unpaid debt? If someone owes you money and the value of your claim is £10,000 or less, you can take formal steps through the Small Claims court to quickly recover the debt.
The procedure is relatively fast and simple. If the debt is low value, it is straightforward enough for individuals to do it on their own without going to the expense of a solicitor. However, if the debt is at the higher end of the scale it is advisable to instruct specialist debt recovery solicitors to act on your behalf.
The debt recovery and dispute resolution team at Selachii are ready to act for you. We will take fully details of the background to the debt, and advise you on your likelihood of success and the potential costs involved.
If you are defending a claim made against you (you dispute the amount you owe), we can also act promptly on your behalf and advise you on your options. It may be the case that you wish to make a ‘counter claim’ against the other side. We can help.
Who pays the costs?
Perhaps the most important issue you will be concerned about is: How much will it cost me?’ If you take court action, you will be responsible for payment of an initial Court fee which (in England and Wales) varies from £25 to £455, depending on the value of the claim (you may be exempt if you are receiving benefits).
Do note that solicitors’ costs are not recoverable for claims made in the small claims court, even if you win. If you succeed in obtaining judgment, there’s no guarantee you will receive the money owed. If the other party has no money to pay, they may not be able to pay it. If they refuse to pay, you can ask the court to enforce the order – though this inevitably costs more money in legal fees and costs.
In either case, we can advise you on your options and the cost-effectiveness of going ahead.
Settling the claim
Negotiating a settlement with the other side before the matter reaches court is the most cost effective solution. It saves both parties potentially high legal costs, and limits the time of uncertainty and distress that litigation invariably causes. Our team is experienced in successfully negotiating settlements on behalf of our debt recovery clients.
Your case may be suitable for mediation – where you and the other party discuss the matter face to face. An impartial mediator will help you try to reach a mutually agreeable settlement. We will tell you if we think your case is suitable for mediation.
How Selachii Can Help
Selachii is a dynamic litigation law firm based in Kensington, London. Our litigation and dispute resolution team is highly experienced in debt recovery and small claims actions to recover debts, and we put the best interests of our clients at the heart of everything we do. We work with both businesses and private individuals, giving them legal advice and support which is unique to them and their situation.
We don’t believe in simply handing out one-size-fits-all solutions to problems. We will focus on your specific circumstances before working out the best and most cost-effective way of helping you achieve your aims.