Introduction to Monetary Claims

What is a Monetary Claim?

A money claim may be for;

  • Debt
  • Bad workmanship
  • Accident
  • Goods and services not supplied
  • Faulty goods
  • Loans

The information contained on this website is aimed at those making monetary claims for fixed amounts. Where the amount of damages that you are seeking is not known (may be for unquantified loss or for personal injury) different procedures apply. Should you wish to bring such a claim please contact the court staff, who may be able to provide you with appropriate procedural advice.

What should I do before I start a claim?

Think carefully about starting a claim. If the person you are claiming from doesn't have the money you may be wasting your time and money.

Have you written to the person you are thinking about claiming from?

Have you warned them that you will be commencing a court claim procedure against them?

Sometimes a warning letter is enough to make the person pay so you don't have to come to court.

Will I need a Lawyer?

It's entirely your choice if you wish to instruct a legal practitioner. You may need to come to court at some stage during proceedings.

The court staff will be able to give you the forms you require and tell you what to do next. Please remember that the court staff cannot give you legal advice so cannot answer questions such as;

* Am I claiming from the right person?

* Do I have a good claim?

* How much money should I claim?

If you have any questions like this you may wish to seek independent legal advice

What will I have to pay?

You will have to pay a fee to start your claim. The amount of the fee will depend on the amount you are claiming. Court staff will tell you how much the fee is and this will be added to the amount you are claiming. you will have to pay this fee in advance of the claim being settled. If your claim is sucessful you may be able to claim the fee back.

If you have a lawyer's help you will have to pay for most of this yourself. It is unlikely that the person you are claiming from will be ordered to pay all of your lawyer's bill. You may be entitled to Legal Aid, please check with the legal practitioner or consult the legal aid scheme.

If the person you are claiming against defends your claim the court can, in exceptional circumstances, decide that it is too difficult to be dealt with on paper. If this happens the case will be dealt with formally in open court. If you then lose the case and the person you are claiming against is legally represented, you may have to pay the other person's legal bill.

You or the person you are claiming from may need to use a witness to help tell the court what happened. You could have to pay their expenses.

Further Information: 

I am bringing a claim

A claim has been brought against me

Forms

Register of Civil Judgments