How to File a Small Claim, Step by Step (England & Wales)

The small claims court is the small claims track of the County Court. It deals with most claims worth up to £10,000 in England and Wales, and it is designed for people who represent themselves. Before you file, check four things.

1. Time limit.

Under the Limitation Act 1980 you generally have 6 years to issue a claim for a debt or breach of contract, counted from when the money became due or the contract was broken. There are exceptions, so if your claim is close to the limit, take advice.

2. Who to sue.

The claim must name the right legal person:

• A limited company: use its exact registered name and registered office address from Companies House (search "find and update company information" on GOV.UK). A trading name or shop address is not enough on its own.
• A sole trader: sue the individual, for example "Jane Smith trading as Smith Plumbing".
• An individual: use their full name and the address where they live.

3. An address in England or Wales.

The online services need the defendant to have an address for service in England or Wales. Claims against someone in Scotland or Northern Ireland follow different rules.

4. Can they pay?

A judgment is only worth what you can enforce. If the defendant has no income, savings or assets, think hard before you spend money on fees.

Courts expect you to try to resolve the dispute before you sue. That means a letter before claim (also called a letter before action) that:

• Says who you are and what the claim is about
• States the amount and how it is made up, including any interest
• Lists the documents you rely on
• Gives a deadline to pay or respond
• Says you will issue a court claim if they do not

How long to give:

• Individual against individual, or against a business: a reasonable period under the Practice Direction on Pre-Action Conduct. 14 days is common for a straightforward claim.
• A business claiming a debt from an individual (including a sole trader): at least 30 days under the Pre-Action Protocol for Debt Claims, with the protocol's information sheet and reply form.

Skipping this step can cost you interest or costs even if you win. Many disputes settle at this point.

The letter before claim guide covers the content in detail, and the letter before action generator starts one from your own facts.

There are two ways to start a money claim.

Online.

Most money claims are filed online through GOV.UK. HMCTS runs Money Claim Online (MCOL) and a newer online money claims service; GOV.UK directs you to the right one when you start "Make a money claim". Online you enter the parties, a short description of the claim, the amount and interest, and pay the fee by card. See the Money Claim Online guide.

On paper, form N1.

The N1 claim form is for claims the online services cannot take, for example where there are more than two defendants or the claim is not for a fixed sum of money. You send it to the court with the fee. See the N1 form guide.

HMCTS changes which claims each service accepts from time to time, so check GOV.UK when you are ready to file.

Whichever route, you will need:

• Your name and address, and the defendant's correct legal name and address
• The amount claimed, and the interest calculated to the date of filing with a daily rate going forward
• Brief particulars of claim: what was agreed, what went wrong, and what you want
• A statement of truth, which you sign
• A debit or credit card for the fee, or a Help with Fees reference

You pay an issue fee when you file. It is banded on the total you claim, including interest up to the date of issue, not the debt alone. The fee is the same online and on paper.

Example: a debt of £981 on its own would be in the £500.01 – £1,000 band (£70). Add £22.15 of interest and the claim is £1,003.15, which moves it into the £1,000.01 – £1,500 band, so the fee is £80.

At a glance:

• Issue fee for claims up to £10,000: £35–£455, depending on the band
• Hearing fee, only if the claim is defended and listed for a hearing: £27 to £346
• If you win, the court normally orders the defendant to repay your fees

If you are on a low income you may qualify for Help with Fees. The court fees page lists every band, and the interest calculator works out the interest figure the fee is based on.

The court issues the claim and serves it on the defendant. The deadlines run from service, not from the day you filed.

The defendant can:

• Pay the claim in full
• Admit all or part of it, and offer to pay by instalments
• File an acknowledgment of service, which gives them 28 days from service to file a defence instead of 14
• File a defence, and possibly a counterclaim
• Do nothing

If they do nothing:

Once the 14 days (or 28 days after an acknowledgment) have passed without a defence or admission, you can ask the court for judgment in default. You do this through the service you filed with, or on the court's request form if you filed on paper. If the judgment is not paid, you can move to enforcement.

If they admit part:

You decide whether to accept the part admission or carry on for the full amount.

Mediation.

Most defended small money claims are referred to the free HMCTS Small Claims Mediation Service, usually a one-hour telephone appointment. See mandatory mediation.

The N180 directions questionnaire.

Both sides complete form N180. It tells the court whether you want mediation, which witnesses you will call, dates you cannot attend and whether you agree to the small claims track. Return it by the date on the notice. A party who does not return it risks the claim or defence being struck out.

Allocation and directions.

A judge allocates the claim to the small claims track (normally where it is worth up to £10,000) and gives directions: usually to send the court and the other side copies of every document you rely on by a set date before the hearing. Follow them exactly.

Hearing fee.

The court tells you when the hearing fee is due. If it is not paid on time, the claim can be struck out.

The hearing.

Small claims hearings are less formal than other trials, are often short, and may be in person or by video. The judge reads the papers, asks both sides questions and usually gives the decision on the day. See what to expect at a small claims hearing.

After judgment.

If you win and the defendant does not pay, you can apply to enforce the judgment. See how to enforce a county court judgment.

Timescales vary a lot between courts and cases, so treat these as rough guides rather than promises:

• Letter before claim: 14 or 30 days, depending on who is claiming from whom.
• Issue: online claims are issued quickly once the fee is paid. Paper claims take longer to process.
• Response: 14 days after service, or 28 days if the defendant acknowledges service.
• Undefended claims: default judgment can follow soon after the response deadline passes.
• Defended claims: mediation, directions and listing a hearing commonly take several months, and longer at busy courts.

CourtPilot does not publish average durations because they depend on the court and on what the other side does.

CourtPilot is a self-help tool, not a law firm, and it does not give legal advice. It helps you check the claim, work out interest and the court fee, and draft the letter before claim, the particulars of claim and the N1 from your own facts. You check, sign and file everything yourself.