The small claims court lets you resolve disputes up to £10,000 without a solicitor. Here's a step-by-step guide to making a claim, what to expect, and how to maximise your chances of winning.
Most people assume that taking someone to court is expensive, slow, and requires a lawyer. For claims up to £10,000, none of that is necessarily true.
The small claims court — technically the small claims track of the county court — is designed to be accessible to ordinary people without legal representation. Here's how it works.
The small claims court is not a separate court — it's a procedure within the County Court for lower-value civil disputes. Claims are allocated to it when the amount in dispute is £10,000 or less (or £1,000 or less for personal injury and housing disrepair claims).
Common types of small claims include:
The process is designed to be less formal than other court tracks, and legal costs are generally not recoverable — meaning even if your opponent uses a solicitor, you won't pay their fees if you lose (and they won't recover their fees if they win).
Before filing a claim, you must send the other party a Letter Before Action (LBA) — a formal letter giving them a final opportunity to settle. Courts expect this, and failing to send one can count against you.
Your LBA should:
Keep a copy and send it by email (so you have read receipts) or by recorded post.
Online: Most claims under £10,000 can be made through Money Claim Online (MCOL) at moneyclaim.gov.uk. The process takes around 30 minutes.
Paper form: Alternatively, you can complete a claim form (N1) and submit it to your local County Court Business Centre.
You'll need:
| Claim amount | 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 |
Fees are reduced if you're on a low income — you can apply for a fee remission at gov.uk/get-help-with-court-fees.
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The defendant is served: The court sends the claim to the defendant, who has 14 days to respond (or 28 days if they acknowledge receipt and ask for more time).
If they don't respond: You can apply for a default judgment — the court rules in your favour automatically. You can then enforce it.
If they defend: The claim is allocated to the small claims track and a hearing date is set, typically 3–6 months away. Both parties receive directions — instructions about what evidence to submit and by when.
If they pay or settle: The claim is resolved. You can withdraw it.
Small claims hearings are relatively informal — usually held in a judge's chambers (a small room, not a courtroom), with no wigs or gowns. The judge will ask questions and hear from both sides.
Prepare thoroughly:
You can bring a friend or family member for moral support, but they cannot speak on your behalf unless they're a legal representative.
Winning a judgment does not automatically mean you get paid. If the defendant ignores the judgment, you must take enforcement steps:
Each enforcement method requires a further application and a fee. Check whether the defendant has assets worth pursuing before spending more money.
The small claims track is not appropriate for:
If your claim is close to or over the £10,000 limit, it may be worth speaking to a solicitor — the fast track involves more formality and the costs rules are different.
Disclaimer: This article is for general information only and does not constitute legal advice. For guidance on your specific dispute, contact Citizens Advice (citizensadvice.org.uk) or a solicitor. Court procedures change — check gov.uk for the most current information.
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