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Debt
collection can in many cases require court
action. It is important to know which court
forms or process should be followed at every
stage of your claims progression through the
small claims court.
Court
forms are available from the court office
or HMSO shops and solicitors stationers. The
forms shown here are for demo purposes only
and cannot be used as court stationary.
We
can deal with any court process that arises
from your case after you submit your form
giving us permission to do so and pay the
required fully refundable fee against recovered
debt.
The forms you may need are
- Acknowledgment of Service
- N9
Admission Specified Amount) - N9A
Allocation Questionnaire
- N150
Application For An Order
That Debtor Attend Court For Questioning
- N316 Application For
Charging Order On Land Or Property - N379
Application For A Third
party Debt Order - N349
Application Notice - N244
Claim Form - N1
Defence/Counterclaim (Specified
Amount) - N9B
General Form of Judgment
or Order - N24
Judgment For Claimant (In Default) - N30
Notice of Allocation (hearing)
- N157
Request for Judgment - N225
Request For a Warrant of
Execution - N323
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| Acknowledgment
Of Service N9 |
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The defendant sends this form back to the court
in order to confirm receipt of the Claim Form
and optionally advise both the Claimant and
the small claims court that they intend to dispute or defend
the claim. The Defendant has 28 days to post the
details of thier Defence. failure to do so means that the claimant can apply for
Judgment
in Default.
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| Admission
(Specified Amount) N9A |
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The
Defendant may admit the
entire debt on form N9A or they can admit the
claim in part and fill out form N9B
.If part of the Claim is admitted then form
N9A allows the Defendant to make a statement
of their means and an offer of payment being
the amount in full on a date specified by themselves.
They may also offer to pay by monthly installments.
Yourself - known as the Claimant can accept
the offer of payment or refuse it, but you must give good reasons.
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| Allocation
Questionnaire N150 |
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The
Defendant is able to defend the claim using
Allocation Questionnaire form N150 which is
then sent to the Claimant from the court. The
court will then appoint the claim to a hearing
date, giving adequate time for both sides to provide the court
with the necessary information about the claim.
The Defendant has the opportunity to request
that the hearing is at a court local to them
(although the court will normally do this automatically)
and both sides are able to specify dates on
which they cannot attend a hearing.
Form N150 also allows for both sides to put
forward the names and adresses of witnesses who will attend.
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| Application
For An Order That The Debtor
Attend Court For Questioning
N316 |
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This
is the form used in order to obtain more information
about the debtors circumstances. It is an Order
to Obtain Information. The Defendant is
now referred to as the Judgment Debtor and the
Claimant (yourself) is now known as the Judgment
Creditor. On this form you can specify the information
which you feel the Judgment Debtor should produce,
such as whether or not they are waged? Do they
jointly own property, business, or a car which
the court may then order them to sell in order
to satisfy thier outstanding debt. Information
asked for should be kept relevant.
The form also gives the Judgment Creditor the
right to question the Judgment Debtor in person.
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| Application
For Charging Order On Land Or
Property N379 |
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Legal
form N379 provides information about
the Defendant's property over which the Claimant
is seeking an order that the property be sold to satisfy the outstanding debt. The form asks for detailed
information about any property owned including the Land Registry Title Number, and other persons
with a vested interest in the property. Also asked is if the
Claimant is aware of any other creditors.
It is usually advisable to obtain legal advice
before submitting this form.
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| Application
For A Third party Debt Order
N349 |
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The
Third
Party Debt Order, also known as a Garnishee
Order asks for the Defendant's bank or building
society details to be included or for a party
who is not a bank or building society to be
specified.
If you can, provide account numbers and remember
that the court does like to know how you (the
Claimant) obtained the information and the means
by which should be included on legal form N349.
Application
Notice N244
is a general purpose form and can be used for
an application to the court for a specified
order. A witness statement or other form of
evidence is required as well asStatement
of Truth.
Every
claim begins with an N1 (claim) form which needs
to be completed. This document should contain
relevant details of the circumstances and amount
of the claim, the Court Fees and any applicable
interest, costs and expenses. Details of the
parties and the address, usually your own or
your solicitors' for the service of proceedings
is essential together with a brief summary of
the claim.
small-claims-debt will complete the
N1 form on your behalf, have it legally vetted
and filed at the appropriate County Court (online
or otherwise) promptly upon receipt of cleared
funds in respect of the applicable Court and
administration fees.See
fees and costs or submit
your claim now.
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| Defence/Counterclaim
(Specified Amount) N9B |
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The
Defendant may disputethe claim, either entirely
or in part, they can file a form N9B. The form
also allows the Defendant to state how much
he has already paid and how much more he feels
is outstanding.
If the Defendant disputes the claim in full
there is a section for the detailing of a Defence.
If the Defendant intends to make a counter claim
then they must pay the appropriate fee when
the form is returned to the court.
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General Form of Judgment or
Order N24 |
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When
a judgment is entered at the small clamis court as a result of
a hearing or consideration by a District Judge or magistrate
a Judgment Order is issued. The Claimant and
the Defendant both receive copies of the judgment
order which usually contains detailed information
in respect of the Judgment. A straightforward
Judgment will detail:
The sum in respect of the original claim.
Any costs or expenses.
The total and how it should be paid.
A final date for payment is decided, or if installments
have been agreed, how, and by what means these
may be paid.
More complex judgments may require a new hearing
and further court deliberations requiring documentation.
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| Judgment
For Claimant (In Default) N30 |
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If
the Defendant fails to defend or admit the claim
altogether the Claimant can apply for Judgment
In Default. This is normally granted as a matter
of course. A legal form N30 is then sent to
both sides telling the defendant what they are legally bound to pay.
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| Notice
Of Allocation (Hearing) N157 |
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When the court have assessed the Allocation
Questionnaire the claim will be put to
the appropriate track and a hearing date
given. The N157 details this and is forwarded
to both sides. ActualDirections
are included on the form, in particular in respect
of the filing of documents prior to the hearing.
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| Request
For Judgment N225 |
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If the Defendant fails to respond to the N1
Judgment
in Default is not automatic and this form
is used to apply for same. This form can also
be used to respond to the Defendants offer to make payment
- the Claimant having the option to accept,
decline or propose alternatives.
Don't forget to fill in the option to claim additional
interest since the date of the claim and the
court fees as provided on this form.
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| Request
For A Warrant Of Execution N323 |
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If
the Claimant requires the Court
Bailiff You can ask for a judgment to be enforced using the N323 form. On the form is the provision for
the Claimant's contact details including telephone
numbers. Make it easy for the bailiff to contact
the judgment debtor by giving as many contact
details as you know of.
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