Claims, lawsuits and defences

What is happening

A tradesman took a deposit for a renovation and vanished, the seller of a used car hid its defects, an acquaintance will not give back borrowed belongings. You want to try a letter first, but one that will be useful in court if it comes to that.

You have decided to sue, but it is not clear exactly what to claim, how to calculate the amount, where to file or what to attach. A template from the internet does not fit: the situation is more complicated.

A claim has arrived with demands that look inflated or baseless. Each point needs a written answer, and you may have claims of your own to bring.

What the law says

• The Code of Civil Procedure sets out what a statement of claim must contain: the court, the parties, the relief, the facts and evidence, the value of the claim and the calculation. If something is missing, the claim is stayed, and if the defects are not cured in time, it is returned.
• Most disputes between individuals do not require a letter before action, but there are exceptions. For instance, under the Civil Code a claim to terminate a contract can only be brought after the other party has been asked to terminate it, and certain disputes with financial institutions must first go to the financial ombudsman.
• Even where it is not required, a letter before action helps: it records the demand and the date it was made, and for obligations with no fixed deadline that date starts the clock. Quite often the dispute ends there.
• The Code of Civil Procedure expressly provides for a defence; the court sets a deadline for it when preparing the case. A counterclaim is accepted if it is connected with the original claim and it makes sense to hear them together.
• The general limitation period under the Civil Code is three years. The court applies it only if a party raises it, so a defendant must remember to do so in the defence.

What we do

• We analyse the situation and decide what to claim and from whom: repayment, damages, a contractual penalty, interest, and compensation for distress where it is available.
• We draft a letter before action with a calculation and a deadline for reply, and explain how to send it so that receipt can be proved.
• We prepare the statement of claim with the claim value calculated, a list of evidence and any applications: for disclosure of documents, interim measures or an expert examination.
• We establish jurisdiction: justice of the peace or district court, the general rule of the defendant's place of residence, or an alternative forum.
• We write a defence answering each point and raising limitation where it applies.
• We prepare a counterclaim if you have claims of your own against the claimant.
• We explain how to file in person, by post or online, and what to do once the documents are in.

What we will need from you

• The contract, receipts, bank transfer records, handover certificates: anything that shows the relationship and the payments.
• Messenger and email correspondence, photos and videos relating to the dispute.
• Any letters already sent and the replies to them.
• If you are the defendant, a copy of the claim with all attachments and the court's ruling.
• Details of the other party: full name, address and, if known, date of birth or tax number.