This information applies to Scotland

If the case is a simple one and the amount owed to you is £3,000 or less you can raise an action in the sheriff court. The action is raised using the small claims procedure and forms are available at your local sheriff court. You do not need the help of a solicitor to start this legal action but you might want the help of a friend. You can also ask an adviser to be a representative for you.

Legal aid is not available for the small claims procedure but you may be able to get some advice from a solicitor about your claim under the Advice and Assistance Scheme.

If the case becomes complicated the sheriff may transfer the case to a different type of procedure for which a solicitor is normally needed. If this happens you should get help from an experienced adviser.

A special feature of the small claims procedure is that there is a limit to the amount of expenses that the court can award at the end of a case. If the person or company against whom you have raised the action, defends it, expenses will be higher. If the claim is not defended the only costs will be the booking fee and any charges for sending the summons.

The rule on expenses is that if the claim is for £200 or less no expenses can be awarded. If the claim is £200 - £1,500 the maximum expenses that can be awarded are £150.

If you are owed more than £3000 you will need the help of a solicitor to claim it. However, depending on your income you might be able to get help with the legal costs.

For more information about the small claims procedure, see What is a small claim.

Other Frequently asked questions about the legal system:

• I need legal advice but I don't think I can afford it, is there anything I can do?
• I've been called to serve on a jury, do I have to go?