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This information applies to Northern Ireland
If your case is a simple one, the amount owed to you is less than £3,000, then it will usually be suitable for the small claims court. The most common claims are for compensation for faulty services, compensation for faulty goods, disputes with employers for wages due or for money in lieu of notice. These are just examples and the small claims court can be used for other claims too.
Although you may be able to get help to prepare your case through the legal aid scheme you will not be able to get legal help for representation. If the case is considered to be not suitable for the small claims court, for example, if it is about personal injury or a road traffic accident, the case will have to be taken in the county court under a different procedure. You must have tried to settle your claim before taking court action, for example, by writing to the person who owes you money. You must also have given them time to respond. You need to keep a copy of all correspondence.
You can start a claim by filling in a claim form and taking two copies to the court. You keep a third copy for yourself. You also pay the court fee at this time. You might not have to pay the fee, depending on your financial circumstances. You can make applications online in some cases.
You can find more information on small claims by going to the NI Courts and Tribunals website at www.courtsni.gov.uk
If there is a hearing, it will usually be informal and you and the other party will have a chance to give your reasons for starting the claim and why it is disputed. At the end of the hearing, the judge will give the judgment. If you win, you usually get your court fees back. You can appeal against the judgment but you have only 21 days to do so.
An alternative to going to court is to take part in mediation or alternative dispute resolution. There may be a charge, which will depend on the nature of your case and will be shared by both sides of the dispute. To find out more, including how to find a trained mediator, ring the Law Society on 028 90231614.
For more information about small claims, see Small claims.
For more information on claims for personal injury, see Personal Injuries.