Withdrawing a claim

[svin76543]

Hi All . I am in a tricky situation and would appreciate some advice from learned members. I have a claim against tenants for unpaid rent. Court fees and Expenses are mounting and are now in excess of the actual claim. I am required to travel for the hearing and take a day off work leading to loss of earnings. I am concerned that the tenants will not pay even when I have a judgement in my favour . Can anyone advice about withdrawing a small courts claim . Who is reponsible for mine and third parties expenses if the claim is withdrawn. Are there any specific forms, time limits or fees when withdrawing a claim. Many Thanks for advice in advance

[snorkerz]

1) Your costs - well, they are obviously your issue if you don't go for the hearing, you have no way of proving that the tenants are in the wrong. If they're not in the wrong, why should they pay (even if they could afford to)?

2) Your opponents costs - again likely to be your issue, but in small claims you would only be liable for

- Any court fees the defendant had to pay (probably none)

- Any expenses the defendant had to pay - minimal at this stage. Even if it went to hearing, there is a limit on such expenses (can't remember the exact amount - £50-£100)

- Legal expenses are not usually payable in small claims.

Even if you take it to court, you should bear those limits in mind - you are not going to be awarded your travelling costs or time off work beyond that limit. You will also NOT be awarded legal expenses, so any suggestion you appoint a solicitor for a 'small claim' should be considered very carefully before commiting yourself.