Making a Small Claim in England and Wales

Who should read this

• Anyone owed money by a customer, client, tradesperson, former landlord or tenant.
• Small businesses chasing unpaid invoices.
• Anyone who has received a claim and wants to understand the process.

What the law says

• Most money claims worth up to £10,000 are allocated to the small claims track. Some types of claim, such as personal injury and housing disrepair, have lower limits.
• Before starting a claim you are expected to send a letter before action and give the other side a reasonable time to respond. If they are an individual or sole trader, the Pre-Action Protocol for Debt Claims applies and they must get 30 days.
• In the small claims track, the winner usually cannot recover their legal fees from the loser — only limited fixed costs such as court fees and some expenses. That keeps the risk of claiming low.
• A claim for a debt under a contract must generally be started within six years of the date the money became due (Limitation Act 1980).

Steps

1. Send a letter before action — Set out what is owed and give a deadline: 30 days for an individual or sole trader (with the protocol forms), about 14 days for a business.
2. Make the claim — For a fixed sum of money, you can usually claim online through Money Claim Online on GOV.UK. Otherwise use the paper claim form N1.
3. The defendant responds — They normally have 14 days after the claim is served to pay, admit, or defend it — or 28 days if they file an acknowledgment of service.
4. Default judgment if they ignore it — If the defendant does not respond in time, you can ask the court for judgment without a hearing.
5. Mediation — If the claim is defended, most small claims are now referred to a free telephone mediation with the Small Claims Mediation Service before any hearing.
6. Hearing — If mediation does not settle it, a judge decides the case at a short, informal hearing — in person, by video or on paper.

Documents you'll need

• Your contract, order confirmation, quote or other evidence of the agreement.
• Invoices, receipts and bank statements showing what was paid and what is owed.
• Copies of emails, messages and your letter before action.
• Photographs or other evidence of any defective work or damage.

Fees

• You pay a court fee to start the claim, based on the amount you are claiming; it is usually cheaper online. Check the current fees on GOV.UK.
• There may be a further hearing fee if the case goes to a hearing.
• If you win, the court normally orders the other side to repay your court fees.
• If you are on a low income, you may qualify for help with fees.

Timeline

An undefended claim can lead to judgment within a few weeks. A defended claim that goes to mediation and then a hearing usually takes several months, depending on the court.

Common mistakes

• Starting a claim without first sending a letter before action.
• Claiming against the wrong party — for example a director personally instead of their company.
• Not keeping copies of your evidence, or not bringing it to the hearing.
• Assuming judgment means you will be paid — you may still need to enforce it.

Questions

Do I need a lawyer for a small claim?

No. The small claims track is designed for people to represent themselves, and you usually cannot recover legal fees from the other side even if you win. Some people still take advice on complex claims.

What if they still do not pay after I win?

You can ask the court to enforce the judgment, for example with a warrant of control (enforcement agents), an attachment of earnings order or a charging order. See our guide on recovering money you are owed.

Can I claim interest?

Usually yes. You can claim interest in the claim form — contractual interest if your contract provides for it, statutory interest on a business debt, or otherwise interest at the rate the court allows.

When to consult a lawyer

• The amount is above the small claims limit, or the case is legally complicated.
• The other side has a lawyer or makes a counterclaim against you.
• The limitation period is close to running out.

Related

• Create a letter before action →
• Recovering money you are owed →
• Find a solicitor or barrister →