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How to Use the Small Claims Court in England and Wales

The small claims court lets you resolve disputes up to £10,000 without a solicitor. Here's a step-by-step guide to making a claim, what to expect, and how to maximise your chances of winning.

fairead Team4 February 2026

Most people assume that taking someone to court is expensive, slow, and requires a lawyer. For claims up to £10,000, none of that is necessarily true.

The small claims court — technically the small claims track of the county court — is designed to be accessible to ordinary people without legal representation. Here's how it works.

What Is the Small Claims Court?

The small claims court is not a separate court — it's a procedure within the County Court for lower-value civil disputes. Claims are allocated to it when the amount in dispute is £10,000 or less (or £1,000 or less for personal injury and housing disrepair claims).

Common types of small claims include:

  • Unpaid invoices and debts
  • Faulty goods or services
  • Deposit disputes (including tenancy deposits not protected in a scheme)
  • Minor contract disputes
  • Property damage caused by a neighbour

The process is designed to be less formal than other court tracks, and legal costs are generally not recoverable — meaning even if your opponent uses a solicitor, you won't pay their fees if you lose (and they won't recover their fees if they win).

Before You Go to Court: The Letter Before Action

Before filing a claim, you must send the other party a Letter Before Action (LBA) — a formal letter giving them a final opportunity to settle. Courts expect this, and failing to send one can count against you.

Your LBA should:

  • Set out clearly what you're claiming and why
  • State the amount owed
  • Give a deadline (typically 14 days) for payment or a response
  • State that you will issue court proceedings if they don't respond

Keep a copy and send it by email (so you have read receipts) or by recorded post.

How to Make a Claim

Online: Most claims under £10,000 can be made through Money Claim Online (MCOL) at moneyclaim.gov.uk. The process takes around 30 minutes.

Paper form: Alternatively, you can complete a claim form (N1) and submit it to your local County Court Business Centre.

You'll need:

  • The full name and address of the person or company you're claiming against
  • A clear description of your claim
  • The amount you're claiming (including any interest)
  • The court fee (which you add to your claim and can recover if you win)

Court fees

| Claim amount | Fee | |-------------|-----| | Up to £300 | £35 | | £300.01 – £500 | £50 | | £500.01 – £1,000 | £70 | | £1,000.01 – £1,500 | £80 | | £1,500.01 – £3,000 | £115 | | £3,000.01 – £5,000 | £205 | | £5,000.01 – £10,000 | £455 |

Fees are reduced if you're on a low income — you can apply for a fee remission at gov.uk/get-help-with-court-fees.

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What Happens After You File

The defendant is served: The court sends the claim to the defendant, who has 14 days to respond (or 28 days if they acknowledge receipt and ask for more time).

If they don't respond: You can apply for a default judgment — the court rules in your favour automatically. You can then enforce it.

If they defend: The claim is allocated to the small claims track and a hearing date is set, typically 3–6 months away. Both parties receive directions — instructions about what evidence to submit and by when.

If they pay or settle: The claim is resolved. You can withdraw it.

Preparing for the Hearing

Small claims hearings are relatively informal — usually held in a judge's chambers (a small room, not a courtroom), with no wigs or gowns. The judge will ask questions and hear from both sides.

Prepare thoroughly:

  • Organise your evidence in a logical order (chronological usually works best)
  • Bring copies for the judge and the other side
  • Write a clear, factual summary of your case to refer to
  • Anticipate the other side's arguments and prepare responses

You can bring a friend or family member for moral support, but they cannot speak on your behalf unless they're a legal representative.

Enforcing a Judgment

Winning a judgment does not automatically mean you get paid. If the defendant ignores the judgment, you must take enforcement steps:

  • Warrant of control — sends court bailiffs to seize and sell assets (goods and property)
  • Third-party debt order — freezes money in the defendant's bank account
  • Attachment of earnings order — deducts money directly from their wages

Each enforcement method requires a further application and a fee. Check whether the defendant has assets worth pursuing before spending more money.

When the Small Claims Court Isn't Suitable

The small claims track is not appropriate for:

  • Claims over £10,000 (these go to the fast track or multi-track)
  • Complex legal issues requiring significant legal argument
  • Cases involving injunctions
  • Claims against a defendant with no money or assets

If your claim is close to or over the £10,000 limit, it may be worth speaking to a solicitor — the fast track involves more formality and the costs rules are different.

Tips for Success

  • Keep records of everything — contracts, invoices, emails, texts, photos
  • Be factual, not emotional — judges respond to evidence and law, not how unfairly you feel you've been treated
  • Be realistic about your claim — only include amounts you can substantiate
  • Attend the hearing — failing to attend usually results in the claim being struck out or judgment going against you
  • Consider mediation — HMRC offers free telephone mediation for small claims; settling avoids the uncertainty of a hearing

Disclaimer: This article is for general information only and does not constitute legal advice. For guidance on your specific dispute, contact Citizens Advice (citizensadvice.org.uk) or a solicitor. Court procedures change — check gov.uk for the most current information.

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