Step 2: Is it worth it ?
People often pursue claims out of principle; but this can often be the route to yet more misery. Try to take a balanced and objective view. Is the amount in dispute sufficient to warrant the time and expense of bringing a claim? Remember, only limited costs are recoverable. In certain circumstances a winning party can come away from Court out of pocket or worse still you could lose your claim altogether and be ordered to contribute towards you opponent's costs and expenses. If you are satisfied that the benefits outweigh the risks consider whether your opponent actually has the means to pay. You could find yourself winning in the Small Claims Court only to find that you are unable to enforce the judgment against your opponent. Make enquiries before you start. You might perhaps want to carry out a search of the register of County Court Judgments. If your opponent already has a number of unsatisfied County Court Judgements (CCJ's) then it may be time to think again!
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