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Small claims court

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sherrardk | 23:06 Mon 01st Nov 2010 | Civil
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How big can a small claim be (in terms of monetary value)? And if a claim exceeds this limit, what are your options for getting it back? Thanks.
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Try this site or the Court Service site
http://www.adviceguid...stem/small_claims.htm
My husband went to the small claims court to try to get back money from someone who had cheated him by selling him a car which wasn't his to sell. The court recognised the fact that the man owed him money and that was all it did. We never got our money back - we were supposed to do that ourselves, but don't ask me how. It was a complete waste of time and extra money for a solicitor. It took several months and we gained nothing. If anything like this ever occurred again (but you can bet your life it won't) I think it would be best just to cut your losses and forget it.
Small claims is up to £5k. Beyond that, you will be allocated to the fast-track or multi-track which are more expensive and more complex (really need a lawyer).

Starbuckone made several mistakes - the first being using a solicitor for Small Claims, you can never recover solicitors fees in small claims (but the flip side of that is you can't be made to pay them for your opponent if you loose).

Secondly, yes you do have to enforce the order yourself - and if the other party has no money, you won't get it (blood - stone - etc). The options available to you (and probably still available to Starbuckone) include an attachment of earnings order, a charge on his house (if he has one), freezing his bank account or sending the bailiffs in.

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