How Do I Make a Small Claim in Northern Ireland?

Who this guide is for

People in Northern Ireland who want to use the small claims court for money they are owed, where the claim is worth £5,000 or less, for example an unpaid bill, a loan, or the cost of faulty goods, poor work or damage to property. It also helps people who have received a small claims pack.

What this guide does not cover

• England, Wales or Scotland: see the England and Wales guide or the Scotland guide.
• Claims about personal injuries, road traffic accidents, libel or slander, title to land, a legacy or annuity, or any property of a marriage: these are not small claims. Ask Advice NI or a solicitor.
• Claims worth more than £5,000 that you do not want to reduce: these need a civil bill in the County Court. Ask Advice NI or a solicitor.
• Interest on a small claim, and appeals: this guide does not cover them. Ask Advice NI or the Civil Processing Centre.
• Being chased for an old debt: see our old debt guide.
• Your rights when goods or services are faulty (refunds, repairs, replacements): see our consumer rights guide.

What the rules depend on

1. Where are you and the other side? In Northern Ireland: this guide. If the other side is elsewhere in the UK or abroad, ask Advice NI where to claim.
2. Is the claim worth £5,000 or less? Yes: small claims court. More: abandon the amount over £5,000 or issue a civil bill instead (not covered).
3. What is the claim about? Money owed for a loan, goods or services (a set amount), or an estimated amount for damage to property, faulty goods or poor workmanship: small claims. One of the excluded types: not a small claim.
4. Can you make the application? The NI Courts and Tribunals Service says a small claims application cannot be made by someone under 18, or by a person certified as mentally incapable of managing their own affairs.
5. When did it happen? A claim founded on a simple contract or on tort (such as negligence) may not be brought more than 6 years after the cause of action accrued (Limitation (Northern Ireland) Order 1989). If the problem is close to 6 years old, ask Advice NI.
6. Can the other side pay? Before you claim, the Enforcement of Judgments Office can search for a person or firm for a small fee. It shows any enforced judgments against them in the last six years. If they already have judgments against them, you may not get your money quickly, or at all.

Before you claim

• If your claim is against a business, nidirect says to put your complaint in writing first, keep a copy, and send copies (not originals) of receipts or other documents, by recorded delivery. If there is no reply after a reasonable time, for example 14 days, write again with a copy of your first letter.
• Check whether the other side can pay (see "Can the other side pay?" above), and bring every issue in one claim (see "Making the claim").

Making the claim

• Make the application online through Small Claims Online (NI Courts and Tribunals Service) or on the small claims application form.
• There are two types of small claim: liquidated (a set amount, such as a loan or unpaid goods or services) and unliquidated (an estimated amount, such as damage to property, faulty goods or poor workmanship).
• Bring every issue between you and the other side in one claim. Do not split it into several applications, even if the total is £5,000 or less: you may not get the court fees back, and a later claim on the same facts may be dismissed.
• The application fee depends on the amount you claim. If you win, the other side is ordered to pay the amount the judge decides, plus the application fee and any other costs awarded.

After you claim

• Once the Civil Processing Centre has checked the claim, the other side (the respondent) is posted a small claims pack with a copy of your application.
• If the respondent disputes the claim, it moves to the court office named in the application for a hearing.
• A decree or order of the small claims court is a County Court Judgment (CCJ) and may affect the respondent's credit status. It may also affect yours if the respondent makes a successful counterclaim.

If a claim is made against you

• Do not ignore the small claims pack.
• If you want to defend the claim, or make your own claim back against the applicant (a counterclaim), send the notice of dispute from the pack within 21 days of receiving the copy of the application. Give the details of your defence and of any counterclaim. The court rules say it goes in with the court fee: check the amount with the Civil Processing Centre.
• If you accept you owe it, send the notice of acceptance of liability, also within 21 days.
• If you do nothing within 21 days, the applicant can ask for a decree (a court order) against you. For a set amount, the decree can be for that amount. For an estimated amount, the judge decides how much.

Costs if you win or lose

• In a small claim the judge cannot usually award any costs except the court fee. If you lose, you do not get your application fee back.
• Witness expenses cannot be awarded, except for an expert witness who gave evidence because the judge asked for one.
• If one side has behaved unreasonably, the judge can order that side to pay the other side's costs, up to limits set in the court rules.

If you win but are not paid

• If you are not paid after a reasonable time (normally two weeks), you can apply to the Enforcement of Judgments Office (EJO), part of the NI Courts and Tribunals Service, using its application forms.
• You pay the EJO fee up front, but it is added to the debt the other side must pay. The EJO has a scheme to help if you cannot afford the fee.
• Check whether the judge put a stay of enforcement on the decree (for example, as long as weekly payments are made). It has to be removed before you can enforce.
• Enforcement cannot always succeed, for example if the other side has no assets or earnings.

Deadlines

• Starting a claim founded on a simple contract or on tort: within 6 years of the cause of action accruing.
• Going to the Enforcement of Judgments Office: after a reasonable time without payment, normally two weeks.
• Replying to a claim made against you: within 21 days of receiving the copy of the application.

Money figures

• £5,000: the small claims limit.
• The application fee: it depends on the amount you claim.

Traps

• The England and Wales limit, online services and mediation scheme do not apply in Northern Ireland.
• Personal injury and road traffic accident claims cannot go to the small claims court.
• Splitting one dispute into several small claims can backfire.
• The court does not collect the money: enforcement through the Enforcement of Judgments Office is a separate step with its own fee.