How to prepare for a County Court appearance as a creditor
County Court
If you’re planning to take a debtor to a county court, it pays to prepare for the hearing from step one. Whether they’re a client, customer or tenant, the process is very similar, and getting it right every step of the way will give you the best chance of the court ruling in your favour.
Applying to the county court
You can apply for a county court claim online, via GOV.UK, or by sending a hardcopy of form N1 to the County Court Money Claims Centre. You'll need the debtor's name, address and postcode. If they've absconded, you can use a debtor tracing service such as Dukes' to find them first.
The upfront court fee will depend on the size of your claim, so it's vital that you calculate exactly what you're owed, including any interest you're adding, and have the paperwork to back up your figure. Preparing now will make the hearing much smoother.
What you'll need for a county court hearing
If the defendant disagrees with your claim, a hearing will be arranged. You'll receive a 'notice of allocation' giving at least 21 days notice of the hearing date, and outlining what you need to do. The main thing is to gather evidence.
Evidence usually includes proof of the products or services you provided, dated and signed invoices and reminders, contracts and your 'witness statement' explaining the situation. You may also include testimony from other witnesses or relevant experts if necessary, but everything must be submitted at least 14 days before the hearing.
Preparing for the hearing
A county court hearing is usually handled by the judge, there won't be a jury. You can bring someone into the hearing to advise you, like a lawyer or solicitor, but it could be anyone. Decide who best to bring and notify them, and any witnesses, well in advance of the hearing date.
When preparing your papers, Citizens' Advice recommends putting your evidence into date order, so it's easier to find if necessary. You might also want to consider making notes on key points from your evidence, and from the evidence or argument of the debtor.
Once the hearing is complete, the judge will deliver the ruling. A Court Bailiff or certificated Enforcement Agent can then help you recoup the payment. Contact Dukes Bailiffs today for more information.
