Small Claims Court Step by Step (UK)
The small claims track is designed for ordinary people to resolve disputes without a solicitor — and without the ruinous cost that usually brings. Most claims settle before a hearing, often because the Letter Before Action (LBA) you send first shows you mean business. This guide walks the process so you can claim confidently and keep your costs down.
In this guide
1. The limit and what it covers 2. The Letter Before Action (do this first) 3. Issue fees 4. Money Claim Online 5. The hearing 6. If you win but they won't pay 7. Frequently asked questions1. The limit and what it covers
In England and Wales the small claims track handles money claims up to £10,000. Common examples: unpaid invoices, returned-goods refunds, poor-quality work by a tradesperson, unpaid wages, and tenant deposit disputes. Personal injury and some housing-disrepair claims follow different limits.
2. The Letter Before Action (do this first)
Before issuing a claim you must normally send an LBA complying with the Pre-Action Protocol for Debt Claims. It sets out who you are, what you are owed, the facts, a deadline (usually 14 days), and the consequence of no response. Many debtors pay up on receipt — a court will expect you to have tried this, and skipping it can lead to costs penalties. Our generator produces a tailored LBA in minutes.
3. Issue fees
Fees are set by claim value: about £35 online for claims up to £300, rising to £410 at the £10,000 ceiling. If you win, the court usually orders the defendant to reimburse your fee. If you are on a low income or certain benefits you may get the fee reduced or waived via form EX160 (help with fees).
4. Money Claim Online
You issue through Money Claim Online (MCOL). The defendant gets 14 days to respond (or 28 if they file an acknowledgement). They may pay, defend, or counterclaim. If they ignore it, you can request default judgment. Keep every email, receipt, photo, and message — evidence wins cases.
5. The hearing
If the claim is defended, the court directs the exchange of evidence and sets a hearing. Small claims hearings are informal: you present your story and documents to a judge or district judge. Solicitors are rare; most people speak for themselves. Dress plainly, arrive early, and stick to the facts.
6. If you win but they won't pay
A judgment is only as good as its enforcement. Options include a warrant of control (bailiffs), an attachment of earnings order, or a third-party debt order (freezing money in their bank). Each has a fee but can recover the debt. Our LBA generator and small-claims particulars generator cover the first steps.
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7. Frequently asked questions
What is the small claims limit?
In England and Wales the small claims track covers claims up to £10,000. Personal injury and some landlord-disrepair claims have different limits, but for most money claims £10,000 is the ceiling.
Do I need a solicitor for small claims?
No. Most people represent themselves. Solicitors' costs are generally not recoverable in small claims, so hiring one usually costs more than the claim — doing it yourself saves money.
How much does it cost to issue a claim?
Fees depend on the claim value, from about £35 online for claims up to £300 up to £410 for claims of £10,000. If you win, the fee is usually added to the judgment debt the defendant must pay.
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