If you are involved in a dispute and you wish to make a claim against the other party, you may do so at the Small Claims Tribunal. The Tribunal handles claims for money not exceeding HK$75,000 in a quick and informal manner. Nevertheless, you can still bring a claim not exceeding HK$75,000 by abandoning any amount above HK$75,000. Although the Tribunal is a court, it does not adhere to the rules on the presentation of evidence as strictly as most other courts. Parties to the dispute are also not allowed to have any legal representation, though they can consult a lawyer before they attend the Tribunal.
The Small Claims Tribunal mainly deals with the following types of claims:
- Damage to property
- Debts
- Consumer claims
- Service charges
- Goods sold
However, the Tribunal does not deal with:
- Libel or defamation
- Possession of land
- Labour disputes
- Alimony maintenance
Making a claim at the Small Claims Tribunal
When you start a claim at the Small Claims Tribunal, there are certain things that you should do:
- Search into the particulars of the defendant: Before you start a claim, you should ascertain the defendant’s full name and last known address.
- File a Form 1 and a Form 2: Form 1 is the Title to Claim: General Form, in which you should fill in details of yourself (the claimant) and details of the defendant. Form 2 is the Form of Claim, in which you should fill in the amount and the grounds of your claim.
- Pay the filing fee: When you file a claim, you are required to pay a prescribed filing fee. According to the Small Claims Tribunal (Fees) Rules (Cap. 338B), the filing fee for a claim that does not exceed HK$5,000 is HK$20, that for a claim that exceeds HK$5,000 but does not exceed HK$25,000 is HK$40, that for a claim that exceeds HK$25,000 but does not exceed HK$50,000 is HK$70, and that for a claim that exceeds HK$50,000 but does not exceed HK$75,000 is HK$120.
After you have filed your claim and pay the prescribed filing fee, you will be given a Form 3 (Notice of Place and Day fixed for Hearing) by the Tribunal Registry staff. The Form informs you of the date, time and place of the call-over as well as the court’s address and room number. Copies of Forms 1, 2 and 3 will also be sent to every defendant by ordinary post by the Bailiff Section staff.
Key takeaways
- If you want to make a claim at the Small Claims Tribunal, your claim must not exceed HK$75,000 and the dispute must be one that the Tribunal can deal with.
- When you start a claim at the Tribunal, you should:
- Search into the defendant’s particulars;
- File Forms 1 and 2; and
- Pay the prescribed filing fee.