Small Claims (Limit £10,000)
If you wish to take action to recover a debt up to the amount of £10,000, you should send a letter to the person owing the debt. The letter should say that if you don't receive payment you will take court action within a certain time limit, for example 7 days. If you have not been paid once this time period has elapsed you can ask the Court to issue a Summons to the debtor to attend Court on a given date to answer your claim.
To request a Summons please contact the Court office. A standard form [144kb] is available to initiate a Summons.
You are recommended to provide proof of the debt, a copy of the above letter that you have written to the debtor and you will need to pay an upfront fee of £50 for the service of the Summons. This fee will be refunded if we are unable to serve the Summons. The letter and payment need to be received by the Court Office at least one week before the date that you wish to attend Court. The service of Proceedings and procedure for small claims hearings are governed by the Court of Alderney Civil Rules, 2005, as amended. The Rules can be viewed at: http://www.guernseylegalresources.gg
Petty Debts Courts are held on the first Thursday of every month, except August.
Further details on the small claims procedure are provided for the person seeking to recover the debt in the Notice to Plaintiff [221kb]
For a person who receives a Summons further information is provided in the Notice to Defendant [224kb].
For more details on the costs involved for both parties please see the Fees Notice [313kb].
Claims of over £10,000
To recover a larger sum of money, you are advised to contact an Advocate for legal advice and to draw up the Summons for you to ensure that it meets legal requirements. A date will be set for Court and an Officer of the Court will deliver the Summons. A sliding scale of fees applies according to the sum you are seeking to recover.