Small Claims | Frequently Asked Questions Part 1

Small Claims | Frequently Asked Questions Part 1

Do you have questions about small claims? If so, the most commonly asked questions below will help you with practical advice, processes, and procedures.

1. What is a court claim?

It’s essentially the legal route someone takes when they believe they’ve been wronged, most often financially, and the other side isn’t responding or settling. In small claims court, this typically covers issues such as unpaid bills, substandard service work, or refund disputes. You submit a formal claim, and a judge decides who’s right. That decision is legally binding.

At Meridian Legal, we can help navigate the claims process or defend against claims. We can assist you from the start to the end of your case, specifically with documentation, Particulars of Claim, Defence, Directions Questionnaires, Disclosure of Evidence, Witness Statements, Preparation for Final Hearing, and Representation if required.

2. Will I end up with a CCJ if I lose?

Only if you don't pay, if the judge rules against you, and you fail to comply with the payment order, will a County Court Judgment (CCJ) be registered. That's the bit that damages your credit rating.

However, if you pay up within 30 days, the CCJ is removed and doesn't appear on your record. Losing the case does not trigger the CCJ; it's not paying what the court says you owe in the order.

Meridian Legal can help if, for any reason, you miss the 14-day deadline and need to apply to set aside the CCJ, if you are paying the debt in full after the expiry of the 14-day payment period.

Small Claims | Frequently Asked Questions Part 1

3. Can I resolve the issue through mediation instead?

Yes, you should be seen as engaging in the court mediation process, as any party to the action that doesn’t participate could be sanctioned by way of costs at the final hearing.

Mediation is a chance to resolve issues without the stress or formality of a courtroom. It’s cheaper, faster, and could lead to a fair compromise. Judges tend to appreciate it when people try this first, and may frown upon you in court if you refuse to consider it.

Meridian Legal can help you prepare for mediation and provide valuable insight into your approach to it.

Small Claims | Frequently Asked Questions Part 1

4. What happens if you lose in small claims court?

Well, it’s not the end of the world. Still, you could be ordered to pay any money claimed by the winning party in the action, plus any court fees or minor expenses the other side had (travel, paperwork, that sort of thing).

It’s not like the higher courts where legal costs spiral, but yes, lose and don’t pay? Then you’re risking a CCJ and other remedies available to the court to enforce the debt payment, which might include a Control Order or an Attachment of Earnings order.

At Meridian Legal, we can assist you with the enforcement process. Alternatively, if you are the losing party and have been served with a Control Order or an Attachment of Earnings Order, we can help you.

Small Claims | Frequently Asked Questions Part 1

5. Do people win in small claims court?

Yes, a lot do, but only if they come prepared. The court isn’t about who talks best but who proves their case. Your chances are decent if your side stacks up and the paperwork’s in order. Many claims are settled before they get that far, just from the pressure of formal action.

Meridian Legal can give you the best chance of success by preparing your case thoroughly and to a professional standard under the Civil Procedure Rules (CPR) Part 27. Using Meridian Legal will ensure you are compliant, whether you are bringing or defending a claim. Most Litigants in Person are unfamiliar with the CPR and must guess the next step. With Meridian Legal at your side, you will always be one step ahead of a Claimant or Defendant self-representing without any learned knowledge or guidance.

Small Claims | Frequently Asked Questions Part 1

6. How do I show evidence properly?

Organise things, label them, and keep them organised and appropriate. Judges don’t want a suitcase of random evidence to sift through; they want clear, solid, carefully presented evidence. Always copy to triplicate: one for the court service, one copy for the opposing side, and one for yourself.

The court bundle is often submitted electronically; therefore, your documents are usually in PDF format and collated into an electronic paginated bundle. This means each page in the bundle will be numbered and divided into sections.

Meridian Legal Services helps you produce the ‘Court Bundle’. Your court bundle will contain all documents received from your opponent and the court, your correspondence with your opponent and the court, witness or expert witness reports, and your witness statement.

Small Claims | Frequently Asked Questions Part 1

7. What sort of evidence do I need?

Consider documents that back up your story, such as contracts, emails, screenshots, photos, receipts, and bank statements. Organise everything in a clear and easy-to-follow manner. If it's not relevant or persuasive, leave it out. Quality matters more than volume.

Evidence is the cornerstone of your claim or your defence. Evidence must be factual and substantiated by fact. Don't use or include it if you can't substantiate your evidence. How the court will interpret your evidence will depend on what it is and how it is presented.

Meridian Legal are an expert in collating evidence, preparing evidence bundles, and drafting detailed and persuasive Witness Statements.

Small Claims | Frequently Asked Questions Part 1

8. How much does it cost to bring someone to small claims court?

The filing fee depends on how much you claim — but expect to pay anywhere from £35 to about £455. That’s just the court fee. You might also spend a little on printing or postage, and possibly an expert report if it’s a case of that nature. If you win, the other side often has to reimburse some or all of that.

Whether you are in the claim or defence process right now, Meridian Legal can help you. If you are at the beginning, we can help you keep your claim on track. If you are further along in the process, that’s no problem; we can help you get back on track and assist you when you need us most.

If you have any questions regarding your small claims case, call us on 0121 5160675.

Small Claims | Frequently Asked Questions Part 1