UK small claims court process step by step guide
Court Guide

Small Claims Process UK: Step by Step

Everything you need to know — from issuing your first claim to collecting your money

21 March 202610 min readProperty Disrepair Claims UK

Direct Answer

The UK small claims process involves: sending a letter before action, issuing a claim via Money Claim Online, waiting for the defendant's response, attending a hearing if needed, receiving a judgment, and enforcing it. Claims up to £10,000 require no solicitor.

What is the Small Claims Court?

The small claims track is a division of the county court specifically designed to resolve lower-value disputes quickly and cheaply — without requiring either party to hire a solicitor. It handles the majority of consumer and business money claims in England and Wales.

It's deliberately informal. There are no wigs, no complex procedures, and no expectation that you'll know the rules of evidence. The judge's job is to cut through the noise and decide who owes what to whom.

£10,000

Claim Limit

Required

No Solicitor

4–6 months

Typical Timeline

The Complete Step-by-Step Process

01

Attempt Resolution First

Before issuing a claim, you must send a letter before action giving the defendant at least 14 days to pay or respond. Courts expect this step and may penalise costs if it is skipped.

02

Prepare Your Claim

Gather all evidence: invoices, contracts, messages, photos. Draft your particulars of claim — a clear, factual summary of what you are owed and why.

03

Issue Your Claim via MCOL

Submit your claim through Money Claim Online at gov.uk/make-money-claim. Pay the court fee (recoverable if you win). The court serves the claim on the defendant.

04

Wait for the Defendant's Response

The defendant has 14 days to acknowledge the claim and 28 days to file a defence. If they don't respond at all, apply immediately for a default judgment.

05

Attend the Hearing (if contested)

If the defendant defends the claim, a hearing is listed. Small claims hearings are informal — no wigs, no legal jargon. Simply present your evidence calmly and clearly.

06

Receive Your Judgment

The court issues its decision. If in your favour, you receive a County Court Judgment (CCJ) specifying the amount owed and the timeframe for payment.

07

Enforce the Judgment

If the defendant does not pay, apply for enforcement action. Winning a case does not guarantee payment — enforcement is essential.

Court Fees — What to Expect

Court fees are paid upfront when you issue the claim. If you win, these fees are added to the judgment amount and recovered from the defendant.

Claim AmountCourt 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

After the Judgment: Enforcement

Winning a case does not guarantee payment — enforcement is essential.

The court issues the judgment — but it is your responsibility to enforce it if the defendant doesn't pay voluntarily.

Enforcement options include warrant of control (bailiff), attachment of earnings, third-party debt order, and charging order. For debts over £600, transferring to the High Court for HCEO enforcement is often the most effective route.

Common Small Claims Mistakes

  • Issuing a claim without first sending a proper letter before action
  • Submitting unclear or poorly organised evidence
  • Claiming the wrong amount — always include interest from the due date
  • Failing to attend the hearing and having the claim dismissed
  • Winning the judgment and then failing to enforce it

Frequently Asked Questions

How much can I claim in the small claims court in the UK?
The small claims track in England and Wales handles claims up to £10,000. Claims above this amount go to the fast track or multi-track, which may involve higher costs and greater complexity.
How long does a small claims case take in the UK?
A straightforward small claims case typically takes between 4–6 months from issuing the claim to receiving a court date. If the defendant does not respond within 14 days, you can apply for a default judgment immediately.
How much does it cost to issue a small claims court claim in the UK?
Court fees range from £35 for claims up to £300, to £455 for claims between £5,001 and £10,000. These fees are added to the claim amount and recovered from the debtor if you win.
Do I need a solicitor for small claims court in the UK?
No. The small claims track is specifically designed for use without legal representation. Solicitor costs are generally not recoverable in small claims cases, which makes DIY the most cost-effective approach.
What is Money Claim Online (MCOL)?
Money Claim Online (MCOL) is the online portal provided by HMCTS that allows you to issue a county court money claim without visiting a physical court. It is available for claims up to £100,000.
What happens if the defendant doesn't respond to a small claims claim?
If the defendant fails to respond within 14 days of being served the claim, you can apply to the court for a default judgment. This is awarded in your favour without a hearing.

Ready to Start Your Small Claims Case?

If someone owes you money, start your claim today and take the first step toward getting paid. Our tool prepares court-ready documents and guides you through every step.

No solicitor required · Fixed fee · Court-ready documents included