Bringing a Claim to the Petty Debts Court

Before issuing proceedings

1. Identifying the Defendant

As the Plaintiff (the person bringing the claim), you must identify your Defendant correctly. If you do not, your claim may be dismissed, and costs may be granted against you.

Your Defendant is the person or company against whom you are bringing your claim. For instance, they may be the person or company you had a contract with, or the person you say is responsible for an injury that you suffered.

Your Defendant can be a person, a person with a trading name or a limited company.

You may wish to contact the Jersey Financial Services Commission on +44 (0) 1534 822000 or go to Jersey Financial Services Commission for help to identify your Defendant. If your Defendant does not reside in Jersey, different rules apply, and you should call the Greffier for advice.

2. Sending a claim letter

Before you bring a claim to Court, you must post or email a claim letter to your Defendant. Your claim letter will advise them that you will bring a claim to the Petty Debts Court if they fail to pay the sum claimed within 7 days (for a claim up to £10,000) or within 14 days (for a claim above £10,000).

This letter must contain:

your full name and address
the correct full name and address for your Defendant
a clear description of your claim
the amount of money you are claiming
an invitation to resolve the dispute without having to go to Court

You should bring proceedings to Court no more than 3 months after sending the claim letter.

3. Preparing a Summons and Claim Summary

The Plaintiff must sign the summons and attend Court in person. If the claim is brought by a limited company, a company Director must sign the summons and attend Court on behalf of the company.

Alternatively, both an individual and a limited company may be represented by a Jersey lawyer in Court.

Before you can bring your Defendant to Court, you must let the 7 days or 14 days given in your claim letter pass. If no payment has been received at the end of this period and you wish to bring a claim, you must complete a Summons and a Claim Summary.

Guidance notes are available to help you complete the forms.

A list of examples will help you to describe your claim depending on what it is in relation to.

⇒ Claims for arrears of maintenance

If the defendant owes you child maintenance and/or sums relating to other expenses for your child, and you have an Order from the Royal Court (Family Division) or a private agreement with them, the process for bringing a claim to the Petty Debts Court is the same as for any other monetary claim but you should complete a specific Summons and Claim Summary.

When you come to the Magistrate's Court to have your claim considered, you should bring a copy of the Royal Court Order or private agreement.

If you have an Order from the Royal Court (Family Division) and an earlier Petty Debts Court Judgment in relation to arrears of maintenance, contact the Greffier for guidance on how to apply to the Court for an ongoing wage arrest against the Defendant. This could prevent you from having to take them to Court again in the future. The Greffier can give you the forms required to do this.

Bringing your claim to Court

4. Having your case listed

You must bring your Summons and Claim Summary (duly completed) to the Magistrate's Court Greffe, with:

a copy of your claim letter (which should be no older than 3 months);
your Court fee payment receipt if you have paid online at Gov.je (see paying your Court fee below);
a stamped envelope addressed to your Defendant (one envelope per Defendant).

The Greffier will set a date for your case to be heard and will post the Summons to the Defendant (for eviction cases, see evictions guidance regarding personal service).

If the Defendant pays the sum claimed before the Court date, you must immediately contact the Greffier so that the case can be removed from the list.

⇒ Paying your court fee

To bring a claim to Court, you must pay a Court fee. If your claim is not disputed by the Defendant, you can reclaim that Court fee from them, plus fixed costs which are a contribution for the time and effort spent in bringing your claim. Fees and fixed costs vary depending on how much your claim is for.

Petty Debt Court current fees and fixed costs

You can pay your Court fee online at Gov.je, using the online payment form. Once payment has been processed, you will receive a confirmation via email. You must print this receipt as the Petty Debts Court Greffier will need it to process your claim. The Court fee is non-refundable, so you should make sure you pay the correct amount when paying online.

Alternatively, you can pay your Court fee in person at the Magistrate’s Court Greffe when you come to submit the documents required to process your claim, using a debit or credit card.

Note that the Court fee is non-refundable even if you withdraw your claim before the Court date because the Defendant has paid the sum claimed.

The Petty Debts Court Process shows what happens once your case has been listed.

5. The first Court hearing

Unless your claim is settled before the Court date, you must attend in person or be represented by a lawyer. A friend or relative cannot attend on your behalf.

If you feel you or your Defendant would benefit from an interpreter, make sure you inform the Court at least a week before the Court date (see information in other languages and interpreters).

If the Defendant does not attend, you may ask the Court for a Judgment ordering them to pay the sum claimed, together with your Court fee and fixed costs.

If the Defendant attends, the Judge will ask you both to briefly explain your claim and defense. They will not make a decision on the case on that day, so you do not need to bring all of your evidence.

If the Defendant contests the claim (denies that the money is owed, either in full or in part), the Court will refer the case to mediation. A date will be set for this to take place usually within a couple of weeks.

6. Mediation

The vast majority of cases brought to Court each year are resolved at mediation. It is a free service offered by the Court to give parties a chance to resolve their dispute and avoid spending a long time preparing for a stressful and potentially costly trial. Mediation hearings are held in private.

At your appointment, you and your Defendant work with a trained neutral mediator who listens to your views and helps you to negotiate a settlement. The mediator will not try to force you to reach an agreement.

For mediation to work, you should:

participate in good faith with the intention of finding an agreement
listen to the points raised by the other party
be willing to compromise
have the authority to agree a settlement

If you resolve the dispute at mediation, you and your Defendant will sign a mediation agreement, the terms of which are binding. This means you must comply with them.

If a party fails to honour the terms of the agreement, for instance fails to pay the settlement sum by the due date, then the other party may bring the case back to Court to apply for judgment.

Going to trial

If your claim is £5,000 or less, it is considered a small claim. Under Rule 49 of the Petty Debts Court Rules 2018, the Court has discretion to apply a simplified procedure and decide your case at a Court hearing or on the papers.

If your claim has not been referred to mediation or mediation has failed, the Court will make Orders to progress your case to trial. These may include the production of Pleadings, attending directions hearings and a trial hearing in Court.

Failure to comply with Court orders and deadlines may result in your claim being dismissed if you are the plaintiff, or your defence being struck out if you are the defendant.

7. Pleadings

A. What they are and why they matter

Pleadings are written documents where each party explains their side of the dispute to the Court. They tell the Court:

what the dispute is about,
which facts are agreed or disagreed, and
why a trial may be needed.

Every party must set out the events of the dispute clearly, usually in date order, so the Court and the other side can understand what happened. Pleadings also help parties decide whether the dispute might be settled without going to trial.

B. Types of pleadings

The Court uses four main Pleadings:

Statement of Claim – what the Plaintiff says the Defendant did wrong.
Answer – the Defendant’s response, explaining what they agree or disagree with.
Counterclaim – a claim by the Defendant against the Plaintiff, included within the Answer.
Answer to Counterclaim – the Plaintiff’s reply to the Counterclaim.

The information below applies to claims arising from a breach of contract, where the Plaintiff says they had an agreement with the Defendant which the Defendant has not honoured. A contract can be written, spoken, or partly both. It may relate to employment, building works, repairs, buying or selling goods, medical treatment, or services.

Other claims do not arise from a breach of contract, such as personal injury claims arising from accidents, medical negligence, or safety breaches where the Plaintiff says they have incurred costs as a result of negligence on behalf of the Defendant. Refer to Practice Direction PD18/01 for guidance on claims for damages.

⇒ Statement of Claim

The Plaintiff's Statement of Claim must explain:

what the agreement was;
whether it was written, oral, or mixed
what documents or conversations formed the agreement;
how the Defendant failed to follow the agreement; and
what loss or damage resulted.

If the exact amount of loss is not known, the Plaintiff must describe the loss and give an estimate.

See a template for the Statement of Claim

⇒ Answer (and Counterclaim)

The Defendant's Answer must state:

which parts of the claim they accept or dispute, and why;
whether an agreement existed;
whether they breached the agreement; and
whether they dispute the amount claimed.

If the Defendant claims the Plaintiff also breached the agreement and they suffered a loss as a result, this is called a counterclaim, and the Defendant must explain the agreement, the breach, and quantify the loss suffered.

The Plaintiff must then reply to the Counterclaim, explaining what is disputed and why.

See a template for the Answer or Answer with Counterclaim

4. If the claim is £5,000 or less, parties must:

attach any documents they refer to or rely on in their Pleading (such as emails, invoices, contracts); and
identify any witnesses they intend to bring to trial.

C. When and how to file a Pleading

The Court sets deadlines which the parties will receive in writing, usually:

14 days for the Plaintiff to file a Statement of Claim;
14 days for the Defendant to file an Answer (and any Counterclaim);
14 days to reply to a Counterclaim.

Pleadings must be filed with the Court in the first instance, either by delivering the document to the Magistrate's Court Greffe, or emailing it to Pdc@courts.je.

A Judge must review a Pleading before the Greffier can send it to the other party.

8. Directions hearing and preparation for trial

Once the parties have filed and exchanged Pleadings, the Court will hold a hearing to make further orders to get the case ready for trial, such as:

clarifying Pleadings;
exchanging all documents the parties rely on to prove their claim or defence, including contracts, emails, texts, photos,etc;
providing sworn witness statements (Affidavits) for all witnesses expected to give evidence at the trial, setting out what they remember, usually in date order;
allowing expert evidence (if needed) to help the Court decide technical issues (such as medical care, accident causes, or property value);
fixing a trial date;
fixing a date for the filing and exchange of trial bundles (claims over £5,000 only) containing all evidence, witness statements, and legal authorities.

For all claims, the Plaintiff will be ordered to pay a £43 court fee for fixing a trial date.

For claims over £3,000, the Plaintiff will also be ordered to pay a £383 court fee for the trial hearing (per day or part of the day).

9. Trial

At the trial:

parties and witnesses give evidence under oath or affirmation;
witnesses may be questioned by the Judge and the other party (cross-examination);
each side summarises their case; and
the Judge gives a decision and reasons, either immediately or later.

If a party or a witness requires an interpreter, the Court will provide one.

Costs after trial

Generally, only fixed costs can be recovered, even if lawyers are involved, unless the Court orders otherwise.

Fixed costs depend on the claim amount and whether it was disputed.
Separate fixed amounts apply to small claims, medium claims, and higher‑value claims.
Witness expenses and approved expert fees may also be recovered.
The Court can order higher (standard or indemnity) costs where a party behaves unreasonably, abuses court process, or ignores reasonable settlement offers.

See Costs for more details.