Commercial Feature
Small Claims Charges

The fight over money is not just something for large corporations or the soap opera legality of the courtrooms.
Sometimes people need to settle their differences in smaller ways; tenants who refuse to pay rent, a builder who wants to be paid, customers who are disappointed with a service. For all of those reasons, the small claims court is a useful way for people to seek a solution to wrongs done against them in their own lives. Whilst the process is more simplified than in the higher courts, a simple process doesn’t mean no cost. So before you do decide to pursue this route, you may want to look at what the small claims charges actually aggregate to.
Why Do Charges Exist?
While a claims court is designed to be as affordable and accessible as possible, it is not free. You are charged in order to cover the cost of processing your claim, scheduling a hearing, and sometimes enforcing a judge’s decision. This system ensures that resources are available for people to bring forward disputes without the overwhelming expense of traditional litigation.
The Types of Charges You Might Encounter
To file your claim, you will need to pay a filing fee to declare that you have a claim and to list it in the system. The filing fee is often based on the value of your claim; declaring a £300 claim is not the same as declaring a £3,000 claim.
The charges that you will need to pay may stack up depending on the progression of the case. This can include process server costs to serve court documents to the defendant, or a hearing if the matter progresses to that stage. There are also enforcement fees, such as in the situation where the other party loses but will not pay. The cost of enforcement is often not as expensive as that in higher courts, but it is still worth considering.
Who Shoulders the Costs?
As a rule, you’ll pay much of the above out of your own pocket and up front. If you win the case, the court usually orders the other side to pay for your legal representation and other costs. Note that they’re not guaranteed to cover everything, even if you win the case. But should you lose, they won’t pay a cent; you’re still on the hook for coming up with the funds. It is for this reason that a claimant should be sure of the merits of their claim before commencing it.
Balancing the Decision
A suit isn’t just about proving that you’ve been wronged; it’s also a financial decision. These costs are what you will pay for the suit, and as in any investment, there’s a chance you don’t get a positive return, and at best, you will have to wait to collect on whatever judgment you receive. This is particularly true if you are a student, a small business, or are dealing with a smaller amount of money.
Final Word
Small claims courts are a great place to get a resolution, but there is always a cost. Understanding the small claims fees in your area allows you to make a proper decision on whether to go in or not. Then, you get to decide if what you get out of justice is worth the cost to get in. It’s close sometimes, but like any other decision, it pays to know the price of admission.
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