Will changes to small claims courts affect enforcement?

by David Carter on 18 May 2011

Justice Secretary Kenneth Clarke recently announced proposals to change the maximum limit for claims that go through the small claims court from £5,000 to £15,000.

This is part of a wide review which will include proposals to ensure that the court is able to tackle those debtors who won't pay their debts, whilst ensuring that those who can't pay are protected.

He is also proposing a number of ways to tighten enforcement techniques – for example making it more difficult for debtors to stop money from being frozen by putting it in different accounts. These proposed reforms to the court enforcement system were part of the Tribunals, Courts and Enforcement Act 2007.

You can view and take part in the consultation on country court reform on the Ministry of Justice website.

I certainly welcome a review that will support creditors recovering unpaid debt from the “won’t pays”, which is the majority of the debtors we enforce against at The Sheriffs Office

Small Claims Court

Will the raising of the upper limit make any difference? I don’t anticipate that it will. As a County Court Judgment is issued when a claimant uses the small claims procedure (or Money Claim Online), it will still be a judgment that can be transferred to the High Court for enforcement by firms such as The Sheriffs Office (as long as the judgment is for £600 or more).

It should provide a great deal of support to creditors, though, as the process is simpler than the standard County Court process, and generally faster as well. 

© Sheriffs High Court Enforcement Ltd. Please contact us to request permission to reproduce this article.
Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.

“As you can imagine, it was quite a traumatic ordeal fighting a county court case that lasted around two years, but when you are convinced you are in the right it is something you must do, whatever obstacles are thrown in your way. Eventually judgment was made in my favour and the court awarded me damages with an order they be paid within 14 days. Needless to say no money was forthcoming and I was unsure what to do next. The court advised I talk to the Sheriff's Office in Croydon, so I did, and that proved a major turning point. The very next morning somebody turned up in Cardiff to meet me and guide me through the options. I duly filled in the paperwork, paid a small legal fee, and within days they were onto the case. Despite encountering various difficulties along the way, the SO kept me regularly updated, both by email and on the phone with regard all actions they were taking on my behalf, For several weeks they worked what seemed like unceasingly on the case, I was amazed when out of the blue they contacted me to say they had successfully collected the money which has now been delivered to me, with interest and full refund of the small legal fee. From the time they were first brought in on the case to money being in my bank account was no more than six weeks. Thank you so much SO – a job well done! A shining example to us all!. Anyone wanting a reference about their work – just ask! ”

Haydn P., Cardiff


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