How to Take Someone to Small Claims Court
Small claims court (officially the 'small claims track' in the County Court) lets you sue a business or individual for money owed, without needing a solicitor. You can claim for faulty goods, services not provided, money owed, or deposits not returned. This guide explains the process, costs, and what to expect.
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What is small claims court and what can you claim?
The small claims track handles money claims of up to £10,000 in England and Wales (as of 2024). It is designed to be accessible without legal representation. You can use it to claim for:
- ✓Faulty goods, claiming a refund or repair cost under the Consumer Rights Act 2015
- ✓Poor or incomplete services, work done badly or not at all
- ✓Money owed, unpaid invoices, loans between individuals, deposits not returned
- ✓Tenant deposit disputes (if not resolved through a deposit protection scheme)
- ✓Minor personal injury claims up to £1,000
- ✓Holiday and package travel disputes
- ✓Goods not delivered or not as described
Before you go to court, steps you must take first
Courts expect you to try to resolve the dispute before filing a claim. Skipping these steps can harm your case:
How to file your claim
In England and Wales, most small claims are filed online using the Money Claim Online (MCOL) service at moneyclaim.gov.uk. You can also use paper forms from your local County Court.
| Claim amount | Court fee (online) |
|---|---|
| Up to £300 | £35 |
| £300.01 to £500 | £50 |
| £500.01 to £1,000 | £70 |
| £1,000.01 to £1,500 | £80 |
| £1,500.01 to £3,000 | £115 |
| £3,000.01 to £5,000 | £205 |
| £5,000.01 to £10,000 | £455 |
If the defendant responds
Once served, the defendant can:
- ✓Pay your claim in full, case resolved, no hearing needed
- ✓Acknowledge the claim and ask for more time to respond, they get 28 days total
- ✓Dispute (defend) the claim, you will each submit statements of case and the court will allocate a hearing date
- ✓Make a counterclaim, if they believe you owe them money, they can claim against you at the same time
- ✓Do nothing, if they don't respond within 14 days (or 28 days if acknowledged), apply for a default judgment
The hearing, what to expect
Small claims hearings are informal compared to higher courts. They typically take place in a judge's room or small courtroom:
- ✓The hearing is usually no more than 1 to 2 hours for straightforward cases
- ✓You present your case directly to the judge, no formal rules on how to address the court
- ✓You can bring a 'McKenzie Friend' (a non-lawyer support person) if you need help
- ✓Bring printed copies of all evidence, one for you, one for the judge, one for the other party
- ✓The judge may ask questions of both parties and any witnesses
- ✓The judge announces a decision at the end of the hearing in most cases
- ✓If you cannot attend, you can ask the court to decide on the papers (though this is risky)
If you win, enforcing the judgment
Winning a judgment is only half the battle, you still need to collect the money. If the defendant doesn't pay voluntarily:
- ✓Warrant of control: instruct court enforcement agents (bailiffs) to seize goods from the defendant's premises
- ✓Attachment of earnings: if the defendant is employed, the court can order their employer to deduct from their salary
- ✓Third-party debt order: if you know the defendant's bank, the court can freeze and transfer money directly
- ✓Charging order: if the defendant owns property, you can secure the judgment debt against it
- ✓Statutory demand: for debts over £5,000, a statutory demand can lead to bankruptcy proceedings, though this is a heavy-handed last resort
Claims against businesses, key tips
- ✓Always use the business's registered name and registered address (check Companies House at find-and-update.company-information.service.gov.uk)
- ✓For sole traders, you claim against the individual personally, include their trading name
- ✓For limited companies, the company itself is the defendant, not the owner personally
- ✓If you paid by credit card, section 75 of the Consumer Credit Act may give you a claim against your card issuer, simpler than court in many cases
- ✓For online purchases, consider a chargeback with your bank before going to court
- ✓Many larger retailers will settle rather than defend a court claim, the threat alone sometimes prompts resolution
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
How do I take someone to small claims court?
File a Money Claim Online at moneyclaim.gov.uk, or use paper forms from your local County Court. Before filing, send a 'Letter Before Action' giving the other party 14 days to respond. Pay the court fee (based on the claim amount, from £35 for claims under £300). The court serves the claim on the defendant. If they don't pay or respond, you may get a default judgment. If they defend, a hearing will be scheduled.
How much does it cost to take someone to small claims court?
Court fees range from £35 (for claims up to £300) to £455 (for claims between £5,000 and £10,000). These fees are usually awarded against the losing party, so if you win, the defendant pays. If you receive Universal Credit, ESA, Income Support, or JSA, you may be able to get fees waived using the Help with Fees scheme (form EX160).
What is the maximum small claims court amount?
In England and Wales, the small claims track handles claims up to £10,000 (or £1,000 for personal injury claims). Claims above £10,000 go to the 'fast track' or 'multi-track' and are usually more complex. In Scotland, the Simple Procedure covers claims up to £5,000. In Northern Ireland, small claims court covers up to £3,000.
Do I need a solicitor for small claims court?
No, small claims court is specifically designed to be accessible without legal representation. Even if you use a solicitor, you generally cannot recover their fees from the other party (unlike higher courts). Most claimants represent themselves successfully. If you bring a McKenzie Friend (a non-lawyer supporter), they can help you during the hearing.
What happens if I win but the defendant doesn't pay?
You will need to enforce the judgment. Options include: instructing bailiffs (warrant of control) to seize the defendant's goods; attachment of earnings (if they are employed); a charging order against their property (if they own it); or a third-party debt order to freeze a bank account. Enforcement does involve further fees, but these can be added to the amount owed.
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