What happens if your debt claim is contested
The procedures if a defence is entered and the case proceeds to a court hearing or trial.
If a defence is entered, the case may progress to a hearing or trial at the defendant's local court. Unless an agreement is reached first a judge will decide the case.
Even if you have started court action, it is not too late to try to reach an agreement with the defendant through some form of alternative dispute resolution.
If you agree to mediate with the other party and it doesn't work, you can still continue with court action.
The small claims court
This is a formal hearing and is usually held quickly (since the Covid-19 pandemic some cases are held remotely via sight link). In a small claims case:
- Evidence is not normally given under oath.
- The claimant and defendant are expected to represent themselves. You can be represented if you wish, but will not be awarded costs for this.
- You may be able to claim limited costs for loss of earnings while attending court, travelling and overnight expenses, and the costs of any witnesses and experts - such as a doctor or surveyor.
- The judge may intervene more than in the other courts as the claimant and defendant are probably not skilled at presenting a case.
- At the end of the hearing the judge tells you their decision and briefly explains the reasons behind it.
- After the hearing both you and the defendant will be sent a copy of the judgment.
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County court and high court
Taking a case to the county court or to the high court will be a longer process:
- Procedures are much more formal and the case will normally go to trial in court.
- The claimant and defendant are not expected to represent themselves. The preparation of the case can be complex and there may be witnesses or experts with knowledge of particular aspects of the case called to give evidence.
- Costs are usually awarded, including court fees and legal costs.