So, when you start your money or possession claim, which court should you use?
For all money judgments, you will normally start your claim in the county court local you, however if the debtor defends the case it is likely to be transferred to a court nearer the debtor. If you use Money Claim Online, then the claim will be processed through one of their bulk processing centres.
If the claim is for £25,000 or more, you may be able to start your claim in the High Court, but this is less common.
In the majority of cases, the claimant will be required to start the claim in the county court. This will be the county court in the same district as the property to be repossessed.
However, under exceptional circumstances, the claimant may be able to apply through the High Court. These circumstances include:
- Complicated disputes of fact
- Points of law of general importance
- A claim against trespassers where there is a substantial risk of public disturbance or serious harm to persons or property
Even if your claim starts in the County Court, you can still transfer it to the High Court for enforcement by The Sheriffs Office
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance