County Court Business Debt Claims

The particulars should identify the contract, breach, amount due, interest basis and relief sought. The correct legal entity must be sued. Claims can fail or become unnecessarily expensive where the creditor sues a trading name, wrong company or person who was not party to the agreement.

The court will also consider pre-action conduct. Defended cases can raise allocation, disclosure, witness evidence, mediation, settlement and costs exposure.

Core evidence includes the contract and terms, invoices, proof of supply or completion, account statements, emails, admissions, complaints, payment history and the full pre-action correspondence.

Check the debtor's solvency, registered details and likely assets before committing to litigation. A judgment against an assetless company can have little practical value. Where necessary, consider whether credit information, Companies House filings, property information or other lawful asset indicators justify the proposed spend.

Where facts are contested, identify the witnesses and documents that will actually prove performance, acceptance, variation, authority or loss.

The claim is issued and served. The defendant may pay, admit, defend or fail to respond. A claimant may seek judgment where the procedural conditions are met. If defended, the case proceeds through the relevant court track, directions and, if not resolved, a final hearing.

A successful judgment does not enforce itself. If payment is not made, the creditor must choose an enforcement method appropriate to the debtor's assets and circumstances.

Do not issue until the pre-action record, defendant identity, claim calculation and evidence have been checked. If limitation is close, urgent advice may be required.

Send the contract, invoices, account statement, proof of performance, letter before action, debtor response, company or individual details, interest calculation and any defence or counterclaim already raised.