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I was just wondering if anyone on here had any experience of sueing someone through the small claims court?

 

I've had problems with a tenant who has left without paying his rent for a month. Also damaged the flat and left rubbish everywhere, including a sofa in the garden.

 

I've spoken to a solicitor and he says I can sue him, despite not having a contract in place (he was a friend of a friend).

 

Anyone had any experience?

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The problem with all these things is actually recovering the money.

 

County Court Judgements are fairly easy to obtain, not least because often the defendant doesn’t bother to turn up to defend the claim. I would advise anybody thinking of taking someone to the small claims court to consider whether there is money there to be claimed, especially if it is against a private individual. At least a business has a (usually) public premises which you can enter to seize goods if they won’t cough up. If a private individual either won’t pay or doesn’t have the means to pay, it ends up costing you more money than you have already lost.

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16 minutes ago, Bonzo77 said:

I was just wondering if anyone on here had any experience of sueing someone through the small claims court?

 

I've had problems with a tenant who has left without paying his rent for a month. Also damaged the flat and left rubbish everywhere, including a sofa in the garden.

 

I've spoken to a solicitor and he says I can sue him, despite not having a contract in place (he was a friend of a friend).

 

Anyone had any experience?

Yes I've had experience several times, years ago. Won each case but if the person doesn't have money to pay or won't pay, the you're no better off.

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4 minutes ago, Top Cats Hat said:

The problem with all these things is actually recovering the money.

 

County Court Judgements are fairly easy to obtain, not least because often the defendant doesn’t bother to turn up to defend the claim. I would advise anybody thinking of taking someone to the small claims court to consider whether there is money there to be claimed, especially if it is against a private individual. At least a business has a (usually) public premises which you can enter to seize goods if they won’t cough up. If a private individual either won’t pay or doesn’t have the means to pay, it ends up costing you more money than you have already lost.

In one of my cases, the person was imprisoned for 2 weeks for non payment of what the court ordered. Because he served his time, the debt was wiped - fat lot of good that left me when I didn't get the money he owed. And they say crime doesn't pay ?

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Posted (edited)

No contract in place !  Cant  see much Joy coming out of this.  Mates or no mates draw up a contract. Same as going into buisness with a mate.  When it comes to money the word "Mate"  evaporates. :thumbsup:

Edited by PRESLEY

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3 minutes ago, Jen17 said:

And they say crime doesn't pay ?

Owing money is not a crime, which is why it is dealt with in the civil courts.

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Just now, Top Cats Hat said:

Owing money is not a crime, which is why it is dealt with in the civil courts.

No but stealing goods is and this was proven. Still didn't pay what was ordered by the courts, served 2 weeks in jail because he didn't pay, debt cleared for him, no compensation for stolen goods to the injured party not to mention loss of income through not having the stolen items returned (needed for job) and 4 kids holiday being cancelled because parents couldn't pay the balance through lack of work.

Had to take a loan to replace the stolen items causing more financial hardship.

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1 minute ago, Jen17 said:

No but stealing goods is and this was proven.

Stealing goods would be dealt with by the criminal courts, surely?

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1 minute ago, Top Cats Hat said:

Stealing goods would be dealt with by the criminal courts, surely?

They went to jail, so presumably it was. 

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The moral responsibility most of us feel, to pay our debts, certainly not to leave friends out of pocket, not to expect to live rent free etc., seems to have bypassed a minority.   However, if someone is in seriously poor straits, it seems pointless to spend money  sueing.

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3 minutes ago, Robin-H said:

They went to jail, so presumably it was. 

Not necessarily. Some County Court judgements can be enforced by the court itself by the issue of an arrest warrant and subsequent prosecution and imprisonment. As this was a case of theft rather than debt, I agree, it was probably dealt with by a magistrates’ court.  

 

In Jen17’s case, the debt is to the court rather than her so if the court decides to dispose of that debt by a jail term, that is entirely up to them. He/she however, can still pursue that debt in the small claims court using the defendant’s criminal conviction as evidence but you still have the same problem of recovery. 

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having taken a few companies to court for non payment and a holiday co for misrepresentation and won all of them i would be loathe to waste my time taking an individual to court unless you knew they have realizable assets or money otherwise just write it off and put it down to experience, you will never get it.

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