Small Claims Court: A Beginner’s Guide

When a business refuses to refund you, a builder leaves a job half finished, or someone owes you money and stops answering your messages, going to court can feel like an enormous step. The small claims court exists precisely for situations like these. It is designed for ordinary people, not lawyers, and most claims are settled without anyone ever setting foot in a courtroom.

This guide explains what the small claims court is, what you can claim, how much it costs, and how the process works from the first letter to the final hearing. It focuses on England and Wales, with the differences for Scotland, Northern Ireland and the United States clearly marked, because the rules are not the same everywhere.

What Is the Small Claims Court?

There is no building anywhere called the small claims court. The name describes the small claims track of the county court in England and Wales — one of three tracks a judge can allocate your case to once it is under way, chosen mainly by how much you are claiming. What makes the small claims track different from the rest of the civil courts is that it is deliberately stripped down: hearings are informal, often held around a table rather than in a courtroom, and a district judge asks both sides questions instead of leaving you to cross-examine each other.

Costs are tightly controlled on this track. Neither side can normally recover their solicitor’s fees from the other, even if they win, which removes the biggest risk of ordinary litigation: losing and being ordered to pay the other side’s expensive lawyers. The winner can usually recover the court fees and a small fixed amount for things like witness expenses. That is why the small claims track is the normal route for ordinary money disputes, and why it is designed to be used without a solicitor. For background on the courts involved, see Wikipedia’s article on small claims courts and Wikipedia’s overview of the county court.

What Can You Claim — and What Falls Outside It?

In England and Wales, the small claims track is the normal route for claims of up to £10,000. That limit includes any interest and costs you are claiming. Typical small claims include unpaid invoices and deposits, faulty goods and services, damage to your property, contracts that were not honoured, and holiday or travel disputes. If your dispute is with a business rather than an individual, our business guide explains how companies handle complaints before a claim becomes necessary.

Some types of claim have lower small claims limits. For personal injury, the limit applies to the injury element rather than the whole claim: £5,000 for an injury from a road traffic accident, and £1,500 for other injuries. Housing disrepair claims also have lower limits. Claims above £10,000 normally go to the fast track, where the losing side can be ordered to pay the winner’s legal costs — a much bigger risk, and a reason to take advice before claiming larger sums.

Not every dispute belongs in the small claims court. Possession of a home is not a small claim, employment disputes mostly go to an employment tribunal, and family disputes go to the family court. If your claim is just above the £10,000 limit, consider whether you can reasonably reduce it — for example by accepting a slightly smaller sum — to stay on the small claims track, but never understate your claim dishonestly.

Before You Claim: The Letter Before Action

The court expects you to try to settle the dispute before you file a claim. The rules on pre-action conduct require you to give the other side a fair chance to put things right, and judges look unkindly on claimants who rush straight to court. The key step is the letter before action: a formal written letter or email setting out what happened, what you want, and a deadline for a response — 14 days is the usual convention for a straightforward consumer claim, and longer is expected where the claim is complex or the defendant needs to take advice.

Write the letter calmly and factually. State the amount you are claiming and how you calculated it, attach copies of your evidence such as receipts, contracts, photographs and messages, and say that you will issue a claim in the county court if the matter is not resolved. Many claims end here: a formal letter shows you are serious, and businesses in particular often settle rather than spend time and money defending a claim. If the other side offers a partial settlement, think carefully before refusing — a judge may take a reasonable offer into account when deciding costs. Our Business section also covers how businesses handle disputes and complaints, which is useful if your claim is against a company.

How to Make a Claim, Step by Step

If the letter before action produces no result, here is how a claim runs:

1. Check your claim fits the limit and the time limit. Your claim should be under £10,000 in England and Wales, and within the time limit — six years from the date of the breach of contract or the loss for most contract and debt claims, and five years in Scotland. Check the position on GOV.UK if you are unsure.

2. Get the defendant’s details right. You need the correct name and address of the person or business you are claiming against. For a limited company, use its registered name and address. A claim against the wrong name can be struck out, so check Companies House for a company, or ask for the trader’s full name and address in writing.

3. Issue the claim. In England and Wales most claims are started online through the Online Civil Money Claims service, or on paper using form N1. You set out what happened, what you are claiming, and any interest you are claiming — usually at 8% a year under the County Courts Act 1984, from the date the money became due.

4. Wait for the response. The defendant has 14 days to respond to the claim, either by paying, admitting the claim, filing a defence, or making a counterclaim. If they acknowledge the claim, they get a further 14 days to file a defence. If they do nothing, you can ask the court for a judgment in default — a judgment made without a hearing, because the defendant did not engage.

5. Mediation. If the claim is defended, the court will usually offer free mediation through the Small Claims Mediation Service, a telephone appointment of about an hour. Many claims settle at this stage.

6. Allocation and hearing. If mediation does not settle the claim, the court allocates it to a track — usually the small claims track — and sets a hearing date. You will be asked to file your evidence and a list of your documents before the hearing. The process usually takes two to six months if undefended, and six to twelve months if it goes to a hearing.

What Does It Cost?

You pay an issue fee when you file the claim, scaled to what you are claiming, and a hearing fee if the defendant files a defence and the case is listed for a hearing. Both fees are recoverable from the defendant if you win. Under the current EX50 fee schedule, the issue fee runs from £35 for a claim of up to £300, to £50 up to £500, £70 up to £1,000, £80 up to £1,500, and £455 for claims between £5,000 and £10,000. The hearing fee runs from £27 to £346 depending on the value of the claim.

If you are on a low income or certain benefits, you may pay a reduced fee or nothing at all under the Help with Fees scheme — apply before you pay, not after. Court fees change regularly, so always check the current figures on GOV.UK before you file. If you lose, the fees are not refunded, and you may have to pay some of the other side’s limited costs. If you win, the fees are added to what the defendant owes you.

What Happens at the Hearing?

A small claims hearing is informal. You will usually sit around a table with the district judge and the other side, not in a formal courtroom. The judge will ask both sides questions, and there is no cross-examination in the style you see on television. You do not need to wear formal dress, and you do not need a lawyer — although you can bring one, or a friend or family member to support you, if you wish.

Preparation is what wins cases. Bring your evidence in order: the contract, receipts, messages, photographs, and any expert evidence, such as a repair quote from an independent tradesperson. Prepare a short chronology of what happened, with dates, and be ready to explain your claim simply and in your own words. Stick to the facts, answer the judge’s questions directly, and do not interrupt the other side. The judge usually gives a decision on the day, and a written judgment follows. Either side can appeal, but only on a point of law or if a serious procedural error occurred — not simply because they disagree with the decision.

If You Win: Getting Your Money

Winning a judgment does not put money in your bank account by itself — the court does not collect the money for you. Most defendants pay after judgment, because a county court judgment (CCJ) against them affects their credit record. If the defendant does not pay within the time the judgment allows, you can ask the court to enforce it. Enforcement options include sending bailiffs (county court enforcement agents), an attachment of earnings order to take money from the defendant’s wages, a charging order over their property, or a third-party debt order to take money from their bank account.

Before choosing enforcement, check what you know about the defendant’s finances. There is little point paying for a bailiff visit if the defendant has no assets or income. Enforcement costs money, though further costs are usually added to the judgment debt. A judgment remains enforceable for six years, so if the defendant’s circumstances improve, you can enforce later.

Scotland, Northern Ireland and the United States

The systems differ outside England and Wales. In Scotland, the equivalent is the simple procedure in the sheriff court, for claims up to £5,000. In Northern Ireland the limit is £3,000 for some claim types. Both systems are also designed for people without lawyers, but the forms, fees and procedures differ, so use the guidance for your own jurisdiction.

In the United States, small claims courts exist in every state, but the limits vary widely — from a few thousand dollars in some states to $10,000 or more in others. Procedures differ by state and county, but the design is the same: low fees, informal hearings, and no need for a lawyer. The key differences are practical: claim limits, filing fees and time limits are set by each state, so check the rules of the court where you live before filing.

Frequently Asked Questions

Do I need a solicitor for a small claim?

No. The small claims track is designed for people to represent themselves, and the judge will guide the hearing. Because solicitors’ costs are not generally recoverable on this track, hiring one can cost more than the claim is worth. For a complex claim, a short advice session with a solicitor before you file can still be good value.

How long does a small claim take?

Usually two to six months if the claim is undefended, and six to twelve months if it is defended and goes to a hearing. Mediation often resolves claims sooner.

What if the defendant ignores my claim?

If the defendant does not respond within 14 days, you can ask the court for a judgment in default. The defendant can later apply to have the judgment set aside, but they must show a good reason for not responding and a real prospect of defending the claim.

Can I claim interest on the money I am owed?

Yes. You can usually claim interest at 8% a year from the date the money became due until the date of the claim, under the County Courts Act 1984. The interest forms part of the claim and counts towards the £10,000 limit.

What happens if I lose?

You will not get your court fees back, and you may have to pay the other side’s limited costs, such as their travel expenses and a small fixed sum. You will not normally have to pay their solicitor’s fees on the small claims track, which is what keeps the financial risk manageable.

This article is general information, not legal advice. Court procedures, fees and limits vary by jurisdiction and change over time. If your claim is large, complex, or outside the small claims track, consult a qualified lawyer before filing.

David Lawson

David Lawson writes Homeyo's legal guides, explaining everyday legal topics in plain, straightforward language. He has spent years writing about the law for general readers, from wills and contracts to consumer rights. His guides help you understand your options — and when it is time to speak to a solicitor.