If someone owes you money and won’t pay, you can take court action against them. This is known as making a court claim. You usually have to pay a court fee, and you may not win your case or get your money back.
You must try and settle a claim before taking court action. If you do not try to settle first, the court may penalise you.
You may be able to sort out your claim by using mediation sometimes even if you start a claim, the court might refer your case to a mediator.
Financial value of the case, if the value of a case is £5,000 or less, it will generally be allocated to the small claims track. In some cases, even if the value of the case is more than £5,000 and both parties agree, the court could allocate the case to the small claims track.
If this happens the usual rule about costs does not apply and if the claimant loses the case, they may have to pay the defendant’s solicitor’s costs.
However, if the claimant wins the case, the defendant could be ordered to pay the claimant’s costs.
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