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Small Claims FactSheet

 

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What if I win my case but my opponent will not pay ?

If you win your case "Judgment" will be made in your favour. If your opponent does not pay then you will have to enforce your Judgment. There are various ways you can enforce Judgment.

For example, if your opponent owns a property you can apply to the court to "Register a Charge" against that property and then seek an Order that the property should be sold and you will get your money from the proceeds.

If your opponent is working you can ask for an "Attachment of Earnings Order". This is where your opponent's employers must deduct a weekly or monthly amount from your opponent's wages to pay to you.

Alternatively, you could ask for an Order that the "Court Bailiffs" go to your opponent's home or business to seize and sell your opponent's goods, so that you can be paid. (This is called a Warrant of Execution in the County Court and a Writ of Fi Fa in the High Court).

If a "3rd Party" actually owes your opponent money or is holding money for your opponent, (for example a Bank or Building Society) you can get an Order that this 3rd Party pay the money direct to you (Garnishee Proceedings).

See Enforcement

What if I don't want my claim to be heard by the Small Claims Court ?

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