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JimLawyer
JimLawyer, Solicitor
Category: Scots Law
Satisfied Customers: 6516
Experience:  Senior Associate Solicitor
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We have been issued with small claims proceedings for non

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Hello, we have been issued with small claims proceedings for non payment of bills due to services disputes. They have levied the court fee's against us also and I would like to know if I am legally required to pay these costs?
JA: Where are you? It matters because laws vary by location.
Customer: Sorry - Scotland
JA: What steps have you taken so far?
Customer: I will be paying the balance of services, but I don;t have the money to pay the fee's
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that I can think of, thank you
Customer: replied 7 days ago.
Just to add - The sum requested on the proceedings is £357.90. When I emailed them to get a payment link to pay by credit card, they then advised i would also need to pay the legal fees of £229.33. This sum is not mentioned on the paperwork that I Can see

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

Yes, court fees are recoverable from a defendant, the reason being the claimant would have given the defendant an opportunity to avoid court action but because the defendant did not pay, the claimant had to incur the court fee to issue their claim. Sorry to give you the news. You could make an offer to the claimant and hope they accept it on a full and final basis. The court fee is £104 and they may also have claimed interest on the debt which would explain the extra.

I hope this helps – if you can please rate the answer by clicking the 5 stars (the top of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Customer: replied 7 days ago.
Thank you. Is the court fee of £104 standard across the board?

For a small claim, yes. For a claim up to £300 it costs £19 to start the claim. For claims over £300 (up to £5,000) the fee is £104 and is recoverable from a defendant unfortunately.

Customer: replied 7 days ago.
Thank you very much for that.

No problem and sorry for the news but best that you know for sure where you stand.

Before you go and when you get time if you could either leave a rating and click “submit”, or confirm that I have answered your question for you, I would be very grateful.

Have a good day,

Jim

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