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Action for Debt or Damage - Application Form & Procedures
Action for Debt or Damage - Application Form & Procedures

Action for Debt or Damage

Please see the downloadable forms, which includes the procedure, on the right hand side.

There are a number of things, as detailed below, which will help you decide whether to proceed with an Action for Debt or Damage and whether this can be dealt with by the Action for Debt or Damage process.

An Action for Debt or Damage can only be commenced in the Royal Court where the value of the claim is more than £10,000.

 

Examples of claims you can make include (but are not limited to):

•    Claims for debts;
•    Claims for damage to your property;
•    Claims in relation to the property of a marriage.
•    Damage to vehicles caused in Road traffic incidents

Excluded claims— There are cases which may seem to fall into the Action for Debt or Damage category but which are excluded. Examples include (but are not limited to):

•    Claims for libel or slander;
•    Claims concerning the title to land;
•    Claims where the matter is of a value of less than £10,000

• Multiple claims which their sum is greater than £10,000; however individually are less than £10,000.

 

If you need further information on which claims fall under these categories or require legal advice, please refer to an advocate.

 

Landlords are advised to read and understand their tenancy agreements, specifically checking for an arbitration clause, before proceeding with an Action for Debt or Damage.

 

Who are the parties involved?

The 'Plaintiff' refers to any Applicant or other person bringing civil proceedings of any sort before the Royal Court. The 'Defendant' includes any Respondent to an application before the Court or any Debtor. A Defendant will be liable to pay Court fees in respect of proceedings begun by them, for example a counter-claim or counter-application, as if they were a Plaintiff.

 

What's next?

If you wish to bring an Action for Debt or Damage Application, please complete the Action for Debt or Damage documentation enclosed in this leaflet and submit these at the Royal Court counter. Alternatively, please visit the Royal Court website to download the forms: www.guernseyroyalcourt.gg.

To bring such an application before the Court, an application has to first be made to the Bailiff for permission to serve a Summons upon the Defendant as set out in Application Form A attached. If such permission is granted, an Act of Court will be issued confirming the grant of the permission. The Plaintiff can then proceed to issue a Summons upon the Defendant.

 

Actions for Debt or Damage are usually listed for the Friday Ordinary Court which sits at 9.30 am on every working Friday of the year.

 

PLEASE NOTE: Two full sets of the paperwork has to be filed at the Greffe.