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A Money Claim is a legal process used to recover money owed to you by an individual or business. You should consider making a Money Claim if all informal attempts to recover the debt—such as reminders, negotiations, or a Letter Before Action (LBA)—have failed. This legal route ensures a structured approach to obtaining a County Court Judgment (CCJ) against the debtor.
To begin a Money Claim, a claim is submitted through the Money Claim Online (MCOL) service or, for more complex cases, directly through the County Court. Before filing, you should send a Letter Before Action (LBA) to the debtor, giving them a chance to pay. If they fail to respond, you can proceed with the claim by providing details of the debt, the amount owed, and any supporting evidence.
The cost of filing a Money Claim depends on the amount you are claiming. Fees range from as little as £35 for claims under £300 to up to 5% of the claim value for amounts over £10,000. If filing online through the Money Claim Online (MCOL) service, the fees are slightly lower than those for paper applications submitted to the court. In some cases, you may recover these costs from the debtor if your claim is successful.
If the debtor files a defence, the case may proceed to a court hearing. Both parties will need to submit evidence, and the judge will decide whether the debt is valid and enforceable. If the court rules in your favour, a CCJ will be issued against the debtor, requiring them to pay the outstanding amount. If they still refuse, you can take enforcement actions, such as hiring bailiffs or applying for an attachment of earnings order.
A creditor owed £5,000 or more can petition the court to declare someone bankrupt. Once the application is reviewed and approved, the court issues the bankruptcy order, placing the individual’s assets under the control of an Official Receiver. These can then be sold or disposed of to pay the creditors.
Yes, you can claim statutory interest on the amount owed. Under the County Courts Act 1984, you can request 8% per year on the unpaid debt from the due date until the court judgment. If you are a business claiming against another business, you may also claim interest under the Late Payment of Commercial Debts (Interest) Act 1998, which can be higher than 8%.
If the debtor does not voluntarily settle the CCJ, you can take enforcement action, including: