How to Take Someone to the Small Claims Court in England and Wales (2025 Guide)
The small claims court is designed to be accessible to ordinary people without legal representation. Whether you're chasing an unpaid debt, claiming compensation for faulty goods, or disputing a deposit, this step-by-step guide explains how the process works in 2025.
What Is the Small Claims Court?
The "small claims court" is not a separate court — it is the small claims track of the County Court. It handles straightforward civil disputes where the claim value is £10,000 or less (or £1,000 or less for personal injury and housing disrepair claims). The procedure is designed to be simple and proportionate — legal fees are generally not recoverable from the losing party, which levels the playing field and discourages unnecessary use of lawyers.
Common small claims include: unpaid invoices and debts, faulty goods or poor workmanship, holiday and travel claims, disputes with tradespeople, landlord-tenant deposit disputes, and personal injury claims up to £1,000.
Step 1 — Try to Resolve It First (Letter Before Action)
Before issuing a claim, you must send a formal "Letter Before Action" (also called a Letter Before Claim) to the other party. The Pre-Action Protocols require you to give them a reasonable opportunity to respond and settle before involving the court. Your letter should:
- Clearly set out the facts and why you are owed money or compensation
- State the amount you are claiming
- Give a deadline to respond — typically 14 days for individuals, 14–28 days for businesses
- State that you will issue court proceedings if they do not respond satisfactorily
If the other party pays or agrees to a satisfactory settlement, the matter is resolved without court. If they fail to respond or dispute your claim, you can proceed to issue proceedings.
Step 2 — Issue Your Claim
You can issue your claim online using the HM Courts & Tribunals Service (HMCTS) Money Claims Online service at moneyclaim.gov.uk, or on paper by completing Form N1 and filing it at your local County Court hearing centre. Online is faster and cheaper.
When completing your claim, you will need to:
- State your name and address (the "claimant")
- State the defendant's name and address
- Provide "particulars of claim" — a brief statement of the facts and what you are claiming
- State the total amount claimed (including interest if applicable)
- Pay the court fee (see below)
Court Fees in 2025
Court fees are payable when you issue the claim. The fee depends on the amount you are claiming:
- 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
If you win, you can claim the court fee back from the defendant as part of your judgment. You may be eligible for a fee remission (reduction or waiver) if you receive certain benefits or have a low income.
Step 3 — The Defendant Responds
Once you issue the claim, the defendant has 14 days to respond (or 28 days if they acknowledge service). They can: pay in full (claim resolved), admit the claim and ask for time to pay, dispute the claim (file a defence), or make a counterclaim against you. If the defendant does not respond at all within the time limit, you can apply for a "default judgment" — the court enters judgment in your favour without a hearing.
Step 4 — The Hearing
If the claim is disputed, a judge will list it for a hearing, typically within 4–6 months. Small claims hearings are informal — the judge will usually ask questions directly rather than following strict legal procedure. You do not need a lawyer, though you can bring one (at your own cost, since legal fees are not recoverable on the small claims track unless the other party has behaved unreasonably). Bring all your evidence: contracts, invoices, photographs, emails, text messages, and any expert reports.
The judge will hear both sides and make a decision. If you win, the judge will make an order for the defendant to pay. If you lose, you will not recover your costs (other than court fees and certain fixed costs).
Step 5 — Enforcing the Judgment
Winning a judgment does not guarantee you will be paid — you may need to enforce it. Enforcement options include:
- Warrant of Control — a County Court Bailiff can attend the defendant's premises to seize goods to sell
- Attachment of Earnings — deductions made directly from the defendant's wages
- Third Party Debt Order — money frozen in the defendant's bank account and paid to you
- Charging Order — a charge secured against the defendant's property, paid on sale
Each enforcement method has a separate application fee. A High Court Enforcement Officer (HCEO) can also be used for judgments over £600 — they often achieve better results than County Court Bailiffs but charge higher fees.