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Legal Eagle

Using the law

Q: Using the small claims court

I want to recover a debt of £500. Should I go to a small claims court myself or use a solicitor?

A: Do it yourself, every time! It will be quicker and cheaper in the long run. If you use a solicitor you will not be able to recover your costs from the debtor even if a full recovery is made, and the solicitor's costs are likely to be disproportionate to the sum involved. Your local county court office should show you how to complete the required forms for issue of a summons over the counter, and the court fee to a claim of £500 will be £50. If no defence is filed within 21 days of service of the summons by the court you can fill in another form to enter judgement in default. If a defence is filed it will be referred to arbitration in the small claims court where the hearing will be informal and strict rules of evidence do not apply, and where you will be given advance information by the court as to how the bearing will be conducted.

Once you have a judgement there are various do-it-yourself enforcement measures which you can take. If you need advice which you cannot get from the court then I would suggest Citizens Advice Bureau as a far cheaper and perfectly adequate option, rather than using a solicitor in this instance.

First published November 1994