Enforcement action: county court proceedings: preparation and service of the claim: filing the claim with the court clerically
Before you commence proceedings, for cases entered clerically:
- arrange for a cheque for the court fee to be drawn through ERP/LOFA as appropriate
- have the statement of truth signed by a debt manager
- prepare an imminent proceedings list
- complete an RP check (DMBM615040).
Accounting for fees
After completing the final checks:
- prepare form 17 in duplicate to show the fees incurred
- pass the top copy to the appropriate debt manager
- record the case in Book 28 (or on an Excel spreadsheet) if you have not already done so
- note the appropriate computer record with the Book 28 consecutive number
- enter the fixed cost amount manually onto SAFE using the SAFE charge type ‘Fixed Costs (CCP)’ and it will flow to IDMS
- manually link the fixed cost work item to the CCP case once it is in IDMS
- take the action shown at DMBM668640
- B/F the papers for one week for receipt of the ‘Notice of issue’ (form N205A) from the court.
Filing the claim with the court
The following documents should be posted to the County Court Money Claims Centre:
- form(s) N1
- particulars of claim (where these have been prepared separately)
- the cheque for the court fee
BF the papers for receipt of the ‘Notice of issue’ (form N205A) from the court.
Date of issue
The date of issue of the claim is the date the claim is received and stamped by the court.
Serving a claim
After the claim has been issued the claim form and particulars must be served on the defendant. A claim form must be served within 4 months from the date of issue.