I REFER to the letter Small Claims Court Action Was a Waste of Energy" (Echo, September 21).

The complaint was that although the claimant, in this case a small business, had successfully gained a judgment in a small claim against a debtor; that debtor had not paid as ordered and that the court is unable to enforce the judgment, without further expenditure on the claimant's part.

The correspondent therefore is wondering what they have paid for'.

The small claims system has proved to be a successful and simple way in which to pursue sums less than £5,000, without having to go to the expense of instructing solicitors or having to attend a formal hearing in open court.

In the majority of cases where there is no dispute over whether the sum is due, a judgment is entered without any court attendance whatsoever.

The fee payable (currently on a sliding scale between £30 and £108) will cover the cost of processing the claim, postage, processing any reply received and entering and registering the judgment if so ordered.

If the case is defended there may be an additional fee for any hearing which will cover the judicial time and paperwork involved leading to either a judgment or a dismissal. In some cases the amount of work involved is small, but in others it is very significant and the fees (based on the sum claimed) are set to recover the average administrative and judicial costs involved in this kind of case.

Where a judgment is entered in default of reply or by admission, it is registered at Registry Trust who will pass the information to Credit Reference Agencies if required. Unless the judgment is paid within one month it will remain on the Register for six years.

Where a judgment debtor does not pay within the time specified in the judgment, it may be necessary for the claimant to pay further fees to enforce the order.

Leaflet (EX321) "I have a judgment but the defendant hasn't paid - what can I do?" sets out what enforcement methods are available.

The court will not know whether a debtor has paid the judgment or not, because the money is paid directly to the claimant.

Except for certain methods of enforcement there is no need for a court hearing and applications are dealt with in paper form. The fees for enforcement vary according to the method employed, with the most popular - a warrant of execution - costing no more than £55.

In all cases, the fees paid by the claimant are added to the judgment debt.

It is highly recommended however that anyone considering taking out a claim makes a credit reference search to find out whether the defendant has had previous claims made against them and if so, whether they have paid judgments entered.

There is a leaflet (EX350) entitled "A guide to debt recovery through a county court for small businesses" which sets this out in greater detail.

For individuals considering taking out a claim, there is another leaflet (EX301) "Making a claim? Some questions to ask yourself".

All leaflets and other information are available from HM Courts Service either from your local county court or from the HMCS website: http://www.hmcourts-service.gov.uk/ under the Forms and Guidance link.

Once a judgment has been entered, it is also possible to have a debtor ordered to attend court for questioning as to their financial circumstances (failure to do so may result in imprisonment). Information gained during this process may help any claimant decide what action to take next.

It is regrettably the case that some judgment debtors are financially unable to pay the judgment or go to great lengths not to pay.

If enforcement is requested, the court will make all legal efforts to obtain the sum due, but can make no guarantee that this will be successful.

If the usual enforcement methods in the County Court do not result in payment, the judgment can be transferred to the High Court for enforcement officers to enforce.

I do not wish to underestimate the frustration your correspondent feels or the financial impact of the debtor's failure to pay.

I would therefore highly recommend your correspondent and any other concerned individual to read the information available on our website or contact the Citizens' Advice Bureau for advice as to how to proceed in this kind of situation.

I hope that my letter has answered some of the concerns raised. May I remind your readers that HMCS is dedicated to a continuing improvement in customer service and all feedback, positive and negative, is welcomed either by writing to the court involved or by writing to me at the above address or emailing to DO-dwgenquires@hmcourts-service.gsi.gov.uk.

Colin Webster, Head of Operations, Dorset, Gloucestershire and Wiltshire Area, Area Director's Office, The Law Courts, Park Road, Poole.