Course Three - Defended Small Claims Court Matters
Sometimes a debtor will oppose a claim and file a defence in response to the claim form. It depends upon the value of the claim as to how the court will deal with this. If the defence has some merit, the dispute will very likely to proceed to a small claims trial.
You should not be fearful of dealing with defended small claims court matters without legal representation. The courts are used to dealing with litigants who do not have legal representation in small claims, given that the recovery of legal costs is severely restricted in small claims.
If the value of the claim is less than £10,000, it will likely be dealt with as a small claim by the courts. This is an important factor, as generally the court will not order that solicitor costs incurred in a small claim are recoverable, regardless of who wins or loses.
If the claim is of a value greater than £10,000 we recommend you consult a solicitor, as if not a small claims court claim, you will be at risk of paying the debtor's legal costs if the claim is unsuccessful.
See our video below for further information: