Citizens Advice Bureau

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LOCAL INFORMATION
4.8.2b 
Petty Debts Court - Information for anyone taking a claim or receiving a summons

Extent: Jersey
Updated 9 July 2015
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This information has been put together to help explain how a case is brought before the Petty Debts Court and what happens once a case gets to Court. The advice should not be relied upon as legal advice. It is strongly recommended that any person considering taking a case to the Petty Debts Court seeks the advice of the Petty Debts Court Greffier or a lawyer.

Additional information can also be obtained by buying a copy of the Petty Debts Court Rules 2004 which is available from the States Greffe at Morier House, Halkett Place, St. Helier or on the Jersey Legal Information Board website www.jerseylaw.je

 

Words you may need to know

Adjourn a case or hearing

When the date that a case is due to be heard on is changed to another one in the future to allow more time for the parties to get their evidence ready or to provide further information.

Affidavit

a written statement of facts that you swear on oath before an Advocate, Solicitor or Notary Public.

 

A Claim

 

When someone makes a statement that he believes ( a court case is taken by someone who wants to argue his claim)

Contesting a Case

 

when someone challenges a claim that is brought against him / her

Court Claim summary

this is a Court record with all the information about the claim. It is used by the Court to record dates, delays, general office notes and the judgment

Damages

If a claim is made not for money that is owed (‘a debt’) but for money to compensate someone for the loss of something then the claim is for ‘damages’ eg someone knocked you over so you missed two weeks work and lost your wages. Your claim might include £500 in damages for two weeks loss of wages

 

Defendant

 

 

the person the Plaintiff claims owes the sum of money or damages he is claiming

En preuve

If the parties are in dispute and the judge decides that he needs more information before he can reach a conclusion the case is ‘put to the test’ or sent ‘en preuve’. The parties or the lawyers have to produce extra evidence in order to support their case and hopefully win it.

File a claim

In order to start a case in the Petty Debts Court you need to make or ‘file a claim’ at the Court’s office ie give details of your case .

Litigant in person

someone who is going to file a claim and do all the work and go to Court by themselves e.g. they are not using a lawyer.

Magistrate

the Magistrate is the judge of the Petty Debts Court

Mediation

when two or more people who do not agree about something sit with an independent person called a Mediator, to discuss their problem and to try and reach a solution that the people can agree. Each person usually has their own opinion of what the situation is and the Mediator helps them to see the other's viewpoint.

Plaintiff

the person bringing or ‘filing’ the claim

Sine Die

an open-ended delay or postponement. No fixed date is given for returning the case to court

Summons

this is a letter telling you why and when you need to attend the Petty Debts Court

Taxed costs

the costs of the case that a Court decides are reasonable using its court method of assessment

A case is also sometimes called an ‘action’ or a ‘proceeding’.

Where and when does the Court sit (take place)

The Petty Debts Court sits in the Magistrate's Court, Union Street, St Helier, every Wednesday at 10.00am.

The Court is a modern, light, airy room, and the Magistrate and clerks do not wear wigs. The Magistrate should always be addressed as ‘Sir’ or ‘Madam’.

Court administration

The Court is run by the Petty Debts Court Greffier and his team. The Court office is in the Magistrate's Court. The office hours are 9.00 am - 1.00 pm and 2.00 pm - 5.00 pm (4.30 pm on Friday). Telephone 440454 or 440455. There is a limit of £10, 000 for the value of a claim to be heard in the PDC.

What cases can be heard in the Petty Debts Court?

The Petty Debts Court is able to settle claims of up to £10,000. The Court has three sections:

·      the Civil Claims Division – which deals with claims for debt; consumer issues such as faulty goods and claims for unliquidated damages and compensation.

·      the Tenancy Division – which deals with landlord and tenant issues such as refunds of deposits, claims for unpaid rent or damages to property ; proceedings for possession of property (eviction) or about a breach of the terms of a lease and 

 

·      the Family Division which deals with matters relating to Separation and Maintenance. Eg  maintenance orders and cases of unpaid maintenance - (these are heard at the end of the sitting after the Court has been cleared of anyone not involved in the case) - see Maintenance and Separation 8.27.10.L1

Interpreters

The Petty Debts Court does NOT provide interpreters. All Court proceedings are in English so any person who has difficulty speaking or understanding English should bring someone with them who can translate.

How to recover debts

Things to consider before taking court action

·         The majority of cases are heard by the Court in public so you have no privacy.


·         It costs money to take a case to court because even if you do not have a lawyer you have to pay a fee to the Court in order to lodge a Summons and start the case.

·         The case may finish with you having to pay a fine or damages if that is what the Court decides.

·      Court proceedings can take a long time and become inconvenient. If the case is contested the Court may adjourn it more than once.

·      Have you tried other ways of dealing with the problem instead of going to court? Have you spoken to the other person? Has anyone tried to mediate, for example The Jersey Advisory and Conciliation Service (JACS)  (See ‘Mediation’ in the Definition section above (and  XXXX insert new ref)

·         The Plaintiff  may not be able to recover the debt even after winning the case if the Defendant

leaves the island

is self employed

has no saleable assets

is unemployed or is on benefit payments

is under the age of eighteen

 

·      The Defendant  may be black-listed for getting any credit in the future if the case is lost. S/he may prefer to settle (pay) the claim rather than risk losing their credit rating.

·         The Plaintiff or Defendant may have to pay the legal costs of the other side if the case is lost. Even though it is not necessary to be legally represented, should the Defendant use a lawyer and win the appeal, then it may well be that costs are awarded against the Plaintiff and to include the Defendant’s legal charges.

·         You may also have to pay if the lawyer’s costs exceed the taxed costs allowed by the court.  (See para on Costs )

 

How to file (or bring) a claim

Letter before action

Before taking a claim, you should first send a demand for payment in writing to the Defendant (or person who owes you the money) clearly saying why you believe that they owe you this money and that the Defendant  has to pay you within 7 days of when they get the letter or else you will start legal action to recover it. This letter is called a ‘Letter before action’ .

If you post the letter you must allow four days for the letter to reach the Defendant as well as the seven days he /she is allowed to repay you before you start filing the claim with the Court.

The letter of action should be sent by recorded delivery, and a copy kept. You should check with the Post Office to make sure that the letter has been delivered and signed for by the Defendant before starting court action. If a limited company is being sued, the letter should go to the company’s  registered address.

As long as 11 days (4 + 7) have passed since you posted the Letter of Action you can start legal action at any time.

Things to think about before you attend at the Court Office to prepare your claim

•           What evidence do you have to support your claim?
How can you show that the money is owed to you? There might be witnesses who can give information; an IOU if a loan problem; pictures or specialist witness statements.

·           Have do you work out how much to sue for?

It is possible to ask for interest at 2% above base rate to be added to the amount of the outstanding debt as well as adding on any costs you have become responsible for.  You will have to show on the claim summary (see below) that interest is due and that you want to claim it.

If interest is due the amount will usually be stated on any invoice or in the demands you have made to the Defendant  before you decided to file a claim with the Court. ( See 4.9.0 Interest on debts.)

·         Can you take the case yourself?

You can conduct your own case and will be given help by the Petty Debts Court Greffier to fill out all the forms.

You will have to appear in court and although it is not supposed to be very frightening, some people are put off and prefer to instruct a lawyer especially if the case goes ‘en preuve’ i.e. is disputed.

·         Is Legal Aid available?

Legal aid is not normally available for Petty Debts Court cases unless it is a disputed case and the value of the claim is over £500. (See 4.3.2 Legal Aid).

·         What if you are not in Jersey?

If you are not living in the island you will have to be represented during the court case by a debt collection agency or a lawyer.

 

Filing the claim

In order to file a claim before the Court two copies of a formal document known as a summons and one copy of another document known as a claim summary, have to be filled out and signed by the Plaintiff (or person bringing the action). The Plaintiff should also keep a copy of the documents.

Completing the Summons and Claim Summary

When filling in the summons and the claim summary it is really important to get all the  information correct or else delays may occur later. The claim summary must have a space left at the bottom because the Revenue stamps must be attached to one copy (see below )

You must make sure the following information is accurate:

      •     The Defendant’s Surname -  it must be the correct spelling.

•           First names - if you know them you should put the Defendant’s full and proper names, not a nickname.  If you don't know them put their initials and whether the person is male or female.

•           Address - the law says that the summons must be posted to the last known address of the Defendant.

As well as having your full name(s) and address and the full name(s) and address of the person you are suing on the summons, you must also say why this person owes you the money and state clearly the amount you are claiming. For instance, it may be that they purposely poured paint on your car (malicious damage) or that your bike was damaged when they hit you (road traffic accident). Put the amount the damage has cost you to put right. (ie the cost of the car or bike repairs and, in the accident situation,  the cost of any medical treatment  / loss of wages you suffered).

The information you put in the summons should be exactly the same as what you put in the claim summary. Remember to add in the interest amount if you want to claim interest on the debt.

When filing you need to think carefully who you are taking the action against.

Is it :

•           A named person - an individual (e.g.  Joe Bloggs)

•           A named person trading as (name of business) ( e.g. Joe Bloggs's business called  Smart Start Electrics)

•           A limited liability company ( e.g. Joe Bloggs's Company called Smart Start Electrics Ltd.)

If you are filing a claim against a business or a company you must check you have the right address of the business or company with the Jersey Financial Services Commission. This is because a business or company may have a registered office which is different to where the business is operating from. The summons must go to the registered business address.

Note: There are some useful contact telephone numbers and addresses at the end of this section to help you get the right information to complete the Summons and Claim Summary.

As well as the two forms, the following is also needed:-

  • an envelope with the name and address of the Defendant. This must have a stamp on it. The Court staff will record the details on the Summons and Claim Summary documents that you have completed and then put a copy of each in the envelope and post them to the Defendant.
  • In order for you to file your claim you have to pay a sum of money or ‘fee’ to the Court. This Court fee, (also known as a Revenue Stamp’) can be paid either by buying a Treasury Stamp (literally a stamp) available from the States Treasury (on the ground floor at Cyril Le Marquand House) or by writing a cheque made payable to "The Treasurer of the States". How much you have to pay will depend on how much your claim is for.  

The  Current fees are:

a claim not more than £100.00

£7.00

a claim more than £100.00 but not more than £500.00

£15.00

a claim more than £500.00 but not more than £1,000.00

£30.00

a claim more than £1,000.00 but not more than £5,000.00

£80.00

a claim more than £5,000.00 up to £10,000.00

£120.00

 

Note: At this time the most you can claim in the Petty Debts Court is £10,000.00

 

 

Suing husband and wife

When suing both a husband and a wife together you need to do two lots of paperwork and separate copies of the summons and claim summary should be posted to each of them, whether or not they live at the same address.

Court hearing date

Sufficient notice must be given to the Defendant to attend Court. Ideally, in order to keep to the minimum notice period, the Plaintiff should deliver both copies of the summons and claim summary to the Magistrate's Court Greffe before 3.00 p.m on a Friday so that the case can be added to the Court list for the second Wednesday from that Friday ie in ten days time .

Note:  You must check when your case will be heard. eg if a bank holiday falls after you file the summons the Court hearing date may be affected.

What you must do if you have filed a claim

You must attend the Court on the Wednesday that the claim is due to be heard in order to progress the claim. The Magistrate's Court Greffe will not confirm the Court date in writing.

If the Defendant pays you the money owed before 3.00 p.m. on the Monday before the Wednesday Court date, you can withdraw the claim by writing to the Petty Debts Court Greffier. When this happens, neither you or the Defendant needs to go to court.

If the Defendant has said they will pay, or perhaps has given you some of the money, you can carry on with the court action and at the hearing ask for it to be postponed ( adjourned)  to give the Defendant  more time to pay, maybe for 2 weeks or perhaps for an open-ended period. This open-ended time is called adjourned sine die. If you are going to ask for an adjournment you will have to attend the court when the case is due to be heard in order to do so.

If your case has been adjourned to a new date  you should tell the Defendant in writing of the new date.

If your case was adjourned sine die and no specific date was given for the case to be heard again and the Defendant still does not pay, you can bring the claim back to court. (See below Bringing Back an Action Adjourned Sine Die)

If someone is suing you and you get a summons

If you get a summons and ignore it a judgment will be made against you by the Court.

 

If you get a summons and you agree that you owe the debt, you should try and agree with the Plaintiff  (person who has asked for the summons) how you will pay it. It is in your interest for judgement not to be granted against you as it will go on your credit record and you may have problems in the future getting a loan or mortgage.

If you can agree to settle the debt with the Plaintiff, either by paying all the debt back at once or in payments over a period of time, this may result in the action being withdrawn or adjourned for a number of weeks or for an indefinite period (sine die) so that the debt can be paid back in full.

If you do not agree that you owe the debt, you must attend court on the date in the summons to defend it or arrange for a lawyer to defend the claim for you.

Depending on what the claim is about the Magistrate may send it for mediation or it will be sent to trial.

The date, place and time for the mediation will be fixed immediately by the Court after the Court hearing and it will usually take place within ten days (on a Friday morning). Both the Plaintiff and the Defendant must attend a mediation.  (See  new reference to be given)

Court Procedure

When you go to the Petty Debts Court it can feel very formal. It can be very busy with lots of people around and can be quite noisy.

Both parties must be in the Petty Debts Court before 10 am on the morning the case is to be heard.

 The Magistrate should be called "Sir" or "Madam" depending if he/she is male or female.

When the action (or case) is called, both the Plaintiff and the Defendant should let the Magistrate know they are there by standing up and saying "PRESENT SIR” or “PRESENT MADAM".

The Magistrate will ask the Plaintiff what they wish to say. This is the Plaintiff’s opportunity to say why the Defendant owes the money, or why he/she is asking for damages.

Arrest of wages

If you are bringing the action and suing someone who is an employee who works for somebody, you might wish to ask the Court for the money that is owed to you to be taken out of the Defendant’s wages. This means that the Court will order the Defendant’s employer to take the money out from the Defendant’s wages so that he or she never gets it. That way the Defendant does not get the chance to spend it and not give it to the Defendant.  This is called "an arrest on wages" but you cannot ask for this to happen if the person you are suing is a company, a business or a self -employed person.

An arrest of wages is carried out for the Court by the Viscount’s department who will collect the money each week from the Defendant and then arrange for it to be given to you.

However, the Magistrate does not know the situation of the person who owes you the money so although the Court may grant you your request for a sum of money to be paid each week,  the Viscount’s officers who collect it may think the person cannot afford to pay that amount so will reduce it to a lower weekly amount until all the debt is paid back.

Claim not disputed

If the Defendant who owes the money does not deny it is owed or does not turn up to Court then the Magistrate will usually decide the case in favour of the Plaintiff who is suing.

After the Plaintiff has explained the facts of the case the Magistrate will ask the Plaintiff what   he wants and the Plaintiff should ask for the amount of money in the claim summary using words like "I seek judgment in the sum of £.....

The Plaintiff  may add “together with interest and an arrest on wages of £x per week" if interest was mentioned in the claim summary and if an arrest of wages is wanted.

Claim disputed

If the Defendant does not agree that they owe the money, or does not agree that they owe all the money being asked for, the Defendant should say "I contest the claim".

The Magistrate will question both the Plaintiff and the Defendant briefly and decide whether or not the claim should be sent to mediation. If it is sent to mediation, the Magistrate will delay the case ‘sine die’ (indefinitely).

While the Plaintiff and Defendant are still in Court and after the Magistrate has moved onto the next case, the Greffier will give them a date to attend the mediation. Both Plaintiff and Defendant  need to make sure they are free on that date to attend.

Setting an action aside  (or Getting a judgement changed)

If you were named as a Defendant and sued but you did not attend the court hearing you might be able to apply to have the judgement set aside if, for example, you did not get the Summons or you were in hospital.

You cannot get a court judgement set aside by talking to the person who sued you. It is really important that as soon as you become aware that a judgement has been taken against you that you apply to the Court straightaway for assistance.

What you are doing is trying to show that the Court was wrong to make the judgement they did. To do this you must swear an affidavit which gives believable evidence to prove:

1.      why you were not in court at the time the judgement was made;

2.      why you do not owe the money;

3.      when and how you found out about the judgement and what you did about it  ( for example did you make a payment to settle the debt?).

If you want to apply to set a judgement aside you must fill out a Summons and a Claim Summary in the same way as you would for an action to sue for a debt. The cost to set aside a judgement is on a sliding scale the same as the original action.  (See Filing the Claim above).

A number of fees may apply when you file a claim depending on what the claim is about. The Petty Debts Court Greffier and his/her staff will be able to advise you what fees apply to your claim.

1.                  The removal of a difficult tenant - £25.00

2.                  Separation and Maintenance - £25.00

3.                  To cancel the a judgement (sliding scale as per original action) £6.00 - £40.00

4.                  Fixing a date for trial - £25.00

5.                  Provisional or temporary Order - £25.00

6.                  Service out of jurisdiction - £50.00

7.                  Substituted service - £50.00

8.                  Taxing Bill of Costs - £37.50 each half hour

 

Case adjourned  - Pleadings

Sometimes the case you are involved in is difficult to understand and the Magistrate might want some more information to help him/her understand it better. So the Magistrate might adjourn the case and ask you to provide more information or sort all the paperwork you have provided into a better order.  This is called Pleadings.  The usual time that the Magistrate allows for an adjournment for Pleadings to be prepared is six weeks.

Written Pleadings

If you are the Plaintiff and the Magistrate asks for you for written pleadings you need to write out a statement explaining why you are owed the money and add your statement to all the evidence you have. This becomes your Statement of Claim (SOC) which you have to give to the Court within 14 days. You also need to copy it and give the copy to the Defendant who owes you the money.

When the Defendant gets your SOC they need to write out an answer to it and give their answer to the Court. They must do this within 14 days of receiving your statement and give you a copy.

If either of you have lawyers acting for you your lawyer should send the copy of the SOC or Answer to the other party’s lawyer.

If either the Plaintiff or the Defendant do not do what they are supposed to do in the time allowed by the Magistrate (eg file the SOC or the Answer), the other person can and should go back to the Court. The Plaintiff should ask for judgement to be given in their favour or the Defendant  should ask for the case to be "struck out."

When a case is struck out, it is cancelled and there is no case to answer so if there was a debt owing then no money is owed any more.

When an adjourned case comes back to Court

If the Magistrate has adjourned the case for the parties to put in a Statement of Claim or an Answer when the case comes back to Court the Magistrate can:- 

  • strike out the case as a result of either or both parties not putting in their statement of claim or answer;
  • look at all the information he/she has and make a decision on who should pay what.
  • send the case for mediation ( if it has not already been).  (See  Insert new reference)

 

Claiming Costs

There is a scale of fixed costs you can claim if a case is not defended

Claim

Costs allowed

Is not more than £100.00

£30.00

 

Is more than £100.00 but not more than £500.00

£60.00

Is more than £500.00 but not more than £1,000.00

£120.00

Is more than £1,000.00 but not more than £2,500.00

£180.00

Is more than £2,500.00 but not more than £10,000.00

£240.00

This advice has been put together to help litigants in person.  If you are taking a claim and win, legal costs which you have had to pay are usually ordered to be paid by the Defendant.

Legal costs which they have run up, if they win the case may, or may not, have to be paid back by you to them as the Judge sees fit.

When the Court awards costs, these are  called ‘ taxed costs’ which sometimes will be less than the actual legal cost that have been charged by the lawyer.

Act of Court

Once judgement is given it is recorded in an Act of Court. The successful person can collect the Act of Court from the Magistrate's Court Greffe after 48 hours. It may be possible to get the money from the other party by showing her/him the Act of Court. If this is not possible, the Viscount's Department will attempt to enforce the Order and get the money for you.

It will cost you £30.00 in Treasury stamps for the Viscount to collect the money on your behalf.  You need to give the stamped Act of Court and a letter saying you want the judgement to be enforced to the Viscount at the Viscount’s Department in Morier House, St Helier.

Sometimes the Viscount cannot get you the money that is owed.  This might be because the person has left the island, or has no money to pay. If that is the case, the Act of Court is valid (lasts for) ten years so you can come back at any time to ask the Viscount to enforce it but you will have to pay the £30.00 fee again.

Bringing Back an Action Adjourned Sine Die

Where the case has been postponed sine die the Plaintiff can bring it back in order to apply to the Court for a judgment. No fee is charged. You must give the Defendant the same amount of notice as you gave him /her in the first summons.  (See How to File a Claim above)

If you want to bring the case back, you must write to the Petty Debts Court Greffier and also to the Defendant (see example letters below).

Records of judgments

Records of judgments are kept at the Petty Debts Court Greffe or the Judicial Greffe for Royal Court Judgments over £10,000 from 1 June 2004.

Access to records of judgments

Records of judgments are given to the Jersey Business Brief for publication, to the UK Public Registry, and the Trades Advisory Bureau Service (TABS) in Jersey.

 

Anyone may ask at TABS for information about a named person, but it is expensive. (See 13.3.4 Credit reference agencies)  Ordinary people do not usually use this service as there is a yearly fee plus a fee for each search carried out.

 

QUICK STEP- BY- STEP SUMMARY

Remember - who is who:

The Plaintiff - is the person who is taking the claim and suing

The Defendant- is the person who is being sued

Checklist

1.      Summons/Claim Summary - 2 signed copies

2.      Stamped addressed envelope - addressed to the defendant

3.      Court fee - Treasury Stamp or Cheque payable to " The Treasurer of the States"

 

Steps to be taken if you are the Plaintiff  ( The person suing)

1.         Write ‘7 day letter’ to Defendant before starting the claim

2.         If payment is not made - Visit the Petty Debts Court to collect forms

3.         Get a court date from the Greffier for the case to be heard 

4.         Complete and sign 1 copy of a Claim Summary, and 2 copies of a Summons

- Does the Claim Summary and Summons have the full details (name/address) of the
  Plaintiff and the Defendant ?

- If relevant, does the Summons give the total amount of the claim, any interest, stamp
  duty and costs - added together as at the date of the first hearing?

- If relevant, does the Summons include how any claim for general damages has been
  worked out.

5.         Deliver the signed copies of  the Claim Summary and the Summons  to the Petty
            Debts Court Greffe.

5.         Attend the Court hearing

6.         Either:

i) the Defendant admits the claim and pays the money he/she owes which is the end of

               the  case or

           ii) Defendant fails to appear - judgement may be given in their absence - Go to step 7
               or

           iii) Defendant attends court and contests the claim. The Magistrate directs that the

                proceedings be adjourned to a Mediation and Directions hearing.  

7.         If  6 ii) is the result then an Act of Court will be available at the Petty Debts Court
           Greffe within 48 hours. You can show it to the Defendant and ask for payment of the
           money that is owed to you or you can take the Act of Court to the Viscount for
          enforcement .

           

Steps to be taken if client is Defendant ( The person being sued)

1.         Receives letter before action

2.         a. Reach satisfactory arrangement to pay - action avoided. End of matter or      

            b. Ignore letter   Go to Step 3

3.         Receives Summons for following Wednesday, go to Step 4;
            or
           
Receives summons too late for hearing

4.         a) Admits claim and contacts Plaintiff before hearing to pay (with costs). Action
                avoided. Note: Deduct stamp duty 

            b) Attends hearing to admit claim. Judgement given against Defendant. Defendant
                ordered to pay the amount of money in the claim and Plaintiff’s costs. Act of Court
                issued (See 7 Steps for Plaintiff above) or

           c) Defendant denies full claim and the Magistrate directs that the proceedings be
               adjourned to a Mediation and Directions hearing.

 

SAMPLE LETTERS

‘Letter before action’

Name and address                                                               Your name and address

 of person you are suing                    

 

Date

Dear

Re:

I  have not yet received a reply to my letter(s) dated ............................... in which I explained that I wanted my rental deposit returned.

Unless the full deposit of £ ................... is refunded within seven days, I shall take legal action in the Petty Debts Court for the return of the above sum, without further notice.

Yours sincerely

Your name

 

Examples of some of the paperwork that is sent out by the Greffier.

 

 

SUMMONS


TO: DEFENDANT ....................................

OF: ADDRESS .......................................................................

You are required to appear in:

THE PETTY DEBTS COURT

The Magistrate's Court, Union Street, St. Helier, Jersey, JE1 1BH

On Wednesday the .................... day of .................................... 201

at 10.00 o'clock in the morning
to defend the claim details of which appear below.

IF YOU DO NOT APPEAR. JUDGMENT MAY BE GIVEN IN YOUR ABSENCE.


PLAINTIFF ....................................

Actioning the defendant to pay the sum of ..................... which the plaintiff claims to be due in respect of:

....................................

....................................


Any documents which you need to send to the plaintiff must be sent to:-

....................................

.................................... the Plaintiffs address for service.


You will stop this going to court if before the date given above you pay the sum of £......................... being:  

1.      the amount claimed of £....................... ;  

2.      interest on the said amount of £ ................................ at the Court rate up to the date given above being the sum of £ ............................ ;  

3.      fixed/indemnity costs in the sums of £ ............................. ; and  

4.      stamp duty in the sum of £.............................. (which can be deducted if payment is made five days before the date given above).


(Signed) .................................... (Plaintiff)

 

 

CLAIM SUMMARY DEFENDANT....................................

PLAINTIFF....................................

Actioning the defendant to pay the sum of £ ............................. which the plaintiff (claims to be due in respect of:

....................................

....................................

together with interest (if applicable) and costs.

The summons in these proceedings to appear in the Petty Debts Court on Wednesday, the ................. day of .................................... 2014 was posted by me in a letter addressed to the defendant at

....................................

....................................

on the ..................... day of .................................... 2014

(Signed) ...................................................

Greffier

 

LETTER TO THE PETTY DEBTS COURT GREFFIER TO BRING CASE BACK TO COURT

Dear Sir,

RE: (YOUR NAME) - v - (THE NAME OF THE PERSON WHO OWES THE MONEY)

I refer to the above Petty Debts Court action which was adjourned sine die on Wednesday (date)    [*and referred to mediation].

I request that you return this action to the list for the sitting at 10.00 a.m. on Wednesday (date) when judgment will be sought [** following  the mediation agreement made on (date)].

Yours faithfully,

 

Sign your name here

 

 

* put this in if the case was referred to mediation

** put the details in here if an agreement was reached but the Defendant has not paid.

 

LETTER TO SEND TO THE PERSON WHO OWES YOU THE MONEY IF YOU WANT TO BRING THE CASE BACK

 

PUT HERE THEIR                                                                                 PUT YOUR NAME

NAME AND ADDRESS                                                                      AND ADDRESS HERE

 

 

PUT THE DATE HERE

 

Dear Mrs / Mrs X ,

RE: (YOUR NAME) - v - (THE NAME OF THE PERSON  WHO OWES THE MONEY)

On Wednesday (put the date the case was adjourned here) the above action was adjourned sine die in the Petty Debts Court [*and was referred to mediation ].

I have asked that the action be returned to the Petty Debts Court on Wednesday (……the date you have been given for the case) at 10.00 a.m. when I intend applying to the Court for judgment

[** following a mediation agreement made on (date)],

Yours sincerely,

Sign your name here

 

* put this in if your case  was referred to mediation

** put the details in here if an agreement was reached but the Defendant  has not paid.

 

 

USEFUL PHONE NUMBERS AND ADDRESSES:

•  Jersey Financial Services Commission – ‘JFSC’  822030

A register of Business Names and Limited Liability Companies together with registered addresses is maintained at the Jersey Financial Services Commission P.O. Box 267, 14-18 Castle Street, St. Helier, Jersey, JE4 8TP. You may need to check the correct  business name or the name of a Limited Liability Company eg if  the words ‘Ltd.’ or ‘Limited Liability Company’  come after the name of the business. It costs £3.00 to check a business name and £5.00 to check a company name.at the JFSC

Petty Debts Court - 440081

The Petty Debts Court has someone who looks after the running of the Court and they are called the Greffier. They can give advice to you and are available between 08.30 a.m. / 1.00 p.m. and 2.00pm -5.00 p.m daily ( other than Friday when they close at 4.30 p.m)

Legal Aid - Freephone 0845 800 1066

Legal Aid might be available to you if you cannot afford a lawyer or are not able to get one. However, in order to qualify for Legal Aid the value of what you are claiming must be more than £500.00 .  There is a section on Legal Aid on this website at 4.3.2

Citizens Advice Jersey - 724942 or Freephone 08007 350249

Free advice is available from Citizens Advice Jersey, The Annexe, St Pauls Community Centre, New Street, St. Helier JE2 3WP

Jersey Advisory and Conciliation Service (JACS) - 730503

 

You can get free advice on employment matters from JACS, Trinity House, West's Centre, Bath Street, St. Helier JE2 4ST (E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. )