The team at Francis Wilks & Jones is very experienced in dealing with small debt claims and recovery i.e. cases below £10,000 in value and which would traditionally be associated with the small claims court.
Acting for a claimant
If you are thinking of issuing a small debt claim, we would still recommend you explore possible settlement prior to issue.
The reason for this is simple:
- even if you win in the small claims court, legal costs are not normally recoverable from the losing party
- as such, careful consideration needs to be given to the commerciality of running a case in the small claims court (and whether other alternatives exist such as the use of statutory demands or winding up petitions)
However, it is still possible to run a small claim on a commercial basis. At FWJ, we issue many hundreds of claims a year, with a good proportion of them going straight through to judgment resulting in small debt recovery. From there we can look to take the best enforcement action for you.
Even if a claim is defended, we are often able to settle the case on favourable terms rather than run it through to trial. But, where a case will not settle, our contacts with barristers’ chambers mean that we can line up representation for you at the trial on a commercial basis to maximise your chances of obtaining judgment.
Acting for a defendant
If you are on the receiving end of a small claim, it is important to file a defence (if you are able) to avoid judgment being entered. The team at FWJ can assist you with this and small debt recovery. Indeed, a well drafted defence can even lead to the claim being dropped in its entirety.
We are also very experienced in assisting defendants with all the normal court processes, dealing with disclosure, drafting witness statements and arranging attendance at trial if required.
Whatever your circumstances, the team at Francis Wilks & Jones can assist.