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Further Information

Resolving a dispute without going to court

Ways to resolve a dispute

Where court action is necessary

MCOL claim criteria

Paying fees

Statement of truth

Checking progress of a claim

Guidance for using Money Claim Online

Important Information

Where court action is necessary

In some instances, it may not be possible to resolve a dispute without taking court action. It is still important to consider, however, whether this is the right course for you.

You need to consider the possibility that the person, firm or company you want to claim from is unable to pay, especially if they are unemployed, bankrupt or the company has been wound up.

Even if you win your case, the court does not guarantee that you will be able to get the money you are owed. You should seek independent legal advice if you are unsure whether to proceed with a claim. You should also read the leaflet I'm in a dispute – what can I do?

HMCS provides a Small Claims Mediation Service for those already involved in a defended small claims case (money claims under £5000), which is free and confidential. However, because the service is voluntary, both parties must agree to use it. If you decide to make a claim and it is defended but still feel that there is a possibility of it being resolved without continuing through the entire court process, you should contact the court where the claim has been transferred to ask about the service.
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This page was last updated on 11 May, 2010. Web team.
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