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Small claims court.

Small claims court

Settle consumer disputes legally

Amy Roberts
Amy Roberts
Senior Money Writer
Updated 5 March 2025

Small claims (now often simply called 'court claims') can be a low-hassle way to take legal action for up to £10,000 against a firm or individual in the UK. In this guide we've full help on small claims court procedure, including how to work out whether you've got a strong case – important, as, if you lose, you WON'T be refunded your fees, plus you may have to pay costs for the other side. We cover how to make a claim, look at small claims court fees, and show how to maximise your chances of winning.

While every effort's been made to ensure this article's accuracy, it doesn't constitute legal advice tailored to your circumstances. We can't assume responsibility and don't accept liability for any damage or loss which may happen as a result of your relying on it.

The guide focuses on the system in England and Wales. We've set out where this differs in Scotland and Northern Ireland, but don't cover all the differences.

What is the small claims court?

You can go to the small claims court to reclaim money that you believe you're owed by a person or a company, as part of a legal process. But while this term is often used in conversation, 'small claims court' isn't actually a specific type of court, and this process is now more often referred to as 'making a court claim'.

Instead, you apply to a county court – which is a specific type of court – to claim money that you're owed. Read more about county court below.

The 'small' part of the name refers to the level of the claim: through this system you can only go up to a certain amount. 

What counts as a small claim?

You can make a court claim for amounts under £10,000. You can do this online or by post, and, crucially, you shouldn't need a lawyer – the system is designed with this in mind.

Sometimes claims go undefended, which means you simply win without having to do anything, but if you do lose your claim, any costs you have to pay are usually limited.

However, going to court should only ever be a last resort, after you've exhausted other avenues of getting your money back.

What can I make a small claim for?

Generally you can make a court claim when a contract you've entered into has been breached, so for example you could be claiming compensation for a faulty washing machine, or when another person has unfairly caused you loss or harm, such as a cowboy builder bodging your house extension and leaving a huge hole in your roof.

Whether you're suing an individual or a company, the process is the same, and your case will be judged based on the law. But whether you win or lose is a different matter.

Quick questions

Claims that are often made through the small claims court process include:

  • Compensation for poor service provided by builders, dry cleaners, garages and so on.

  • Compensation for faulty goods, for example, televisions or tumble dryers which develop an issue.

  • Disputes between landlords and tenants, for example, rent arrears or compensation for not doing repairs.

  • Wages owed (such as freelancers not being paid), or other employment-related pay disputes.

Claiming for a flight delay? Court isn't always necessary – see our Flight delay compensation guide.

You can't sue for personal injury claims for more than £1,000, or if you're a tenant of a residential property claiming against your landlord where the cost of repairs is estimated to be more than £1,000.

There are some claims that the usual small claims court won't normally deal with, even if the claim for damages is low (usually because the law is too complicated in that area). One example of this is intellectual property claims.

For claims of £10,000 or more, you're likely to end up in what's called the 'fast track' or the 'multi track' system, which is beyond the scope of this guide. 

This tends to involve a more formal hearing, and you're more likely to need legal advice here. See the Gov.uk 'making a court claim' webpages for more information on larger claims.

The structure of the court system in England and Wales is complex, but in simple terms, county courts deal specifically with civil cases (as opposed to criminal cases, which start in magistrates' court, with more serious matters being sent straight to the crown court).

Often civil cases are when an individual or a business believes their rights have been breached, and while most of these take place in the county court, complex cases or those involving large amounts of money will be heard at the High Court.

You can find your nearest county court using this Gov.uk 'find a court' service.

No, but if you do lose you will need to pay both your and the other side's legal costs, which is why you need to be sure that you have a strong case.

If the person or business you are claiming against does nothing and there is a default judgment, in this instance THEY will have a CCJ against their credit record.

A CCJ can seriously affect your ability to get a mortgage, credit card or other financial products in future.

However, if you pay the CCJ off in full within 30 days, you can apply through the court to have it removed; if not, it will remain visible to lenders for six years.

Crucially, be sure that your claim is genuine

Before doing anything else, step back and think about whether you have a genuine claim. If your claim gets to court, the judge will be looking at how accurate it is and more importantly whether or not you're telling the whole truth – including embellishments. If the judge finds you are not being 100% accurate, you're not going to win, so be honest with yourself. 

Additionally you have a duty to tell the truth in a court – there can be serious consequences if you fail to do this. Ask yourself:

  • Have I genuinely been wronged?

  • Can I afford the process?

  • Is it worth it?

If the answer to all three of these is 'yes', then, and only then, should you consider starting the small claims court process. There are forms to fill in and it will take time, so this isn't something that should be taken on lightly.

Other options to try first

  • Know your consumer rights before you take your claim any further.

  • Check out how to fight for your rights step-by-step in our How to complain guide.

  • Go to Your financial rights for how to complain and get help, and, perhaps most importantly, get compensation.

Small claims court need-to-knows

If you do decide to go ahead with making a court claim based on what you've read above, here is a list of all you need to know about taking someone (or a company) to small claims court.

Court action shouldn't be your first attempt to resolve the situation. You must be able to show that you've tried to settle a claim before even getting to the court stage – if you can't, the court may penalise you.

The court will expect you to have already made your claim in writing, giving the other person or the company a reasonable amount of time to reply (you should specify how long in the letter). You should also warn them that you'll take court action if they fail to reply within the given time. You never know, just saying this may be the push they need to cough up.

Consider an ombudsman or watchdog instead

Before making a court claim, consider first taking your complaint to an ombudsman or watchdog, which work to protect consumers. Ombudsman services are totally free so you can't have any costs awarded against you – meaning you have nothing to lose.

As well as looking at the legal points, an ombudsman will also consider good industry practice, giving you a better chance at success. 

You might be able to solve the issue during mediation

You may feel like you want your day in court, but don't rule out the possibility of success during 'mediation'. One hour of mediation is now a compulsory step in the court claim process, as we outline in our step-by-step section

If your claim's for £10,000 or more, you've less chance of being in the small claims system, which is by far the easiest way to claim. If you're just above the limit, consider lowering it to under £10,000 (even if your earlier letters demanded more).

In Scotland, the court claims (known as 'simple procedure') maximum is £5,000, while in Northern Ireland it's £3,000.

You have the right to make a claim up to six years after you paid for the service or product in England, Wales and Northern Ireland, and five years in Scotland. 

Also know that there's a small risk that the judge will say your case can't be dealt with as a court claim because it's too complex, or the hearing will take longer than a day. So be prepared – you may have to follow a more difficult procedure.

What about cases outside the UK?

You can't claim online if the defendant's address is outside England and Wales. Plus, sometimes you'll need the court's permission to serve the claim form, which essentially means sending the form to whoever you're claiming against.

There are special procedural rules that have to be followed with cases outside the UK, and it can be complicated so you may need to seek guidance from the court.

Since Brexit, the procedure for European cross-border claims no longer applies.

If the person or company you're lodging your claim against doesn't reply within 14 days, you can ask the court for a 'judgment by default'. If this happens, you may win the case by default. Don't rely on this happening – just be aware it's possible.

If you claim a fixed amount and are in a position to request a default judgment, then it will be for the amount you claimed. However, if you claim a completely inflated amount, then you will put the person or company in a stronger position to ask the court to set the judgment aside.

Make sure you check the shop or individual has the money to pay up if they do lose. If not, taking your claim to the court will be a waste of time.

If it's been a particularly bad battle and the business or individual hasn't budged an inch throughout your complaint, it's worth taking a step back to consider if they'll ever pay up. Unfortunately, even if you win in court, this still doesn't mean you're guaranteed the cash.

Also be aware that during proceedings the person you're claiming against may have applied for what's known as 'breathing space', which can give them a break from court action for up to 60 days.

When it comes to companies, a small percentage of cowboy firms will do all they can to avoid paying out, even if you get the bailiffs on them. One way to check a company's history is to run a judgment search at the Registry Trust. It costs from £6 and it may help you decide whether it's worth carrying on your claim.

If you do win, bear in mind that the money you might be awarded by the judge won't necessarily be as much as you originally claimed for.

You'll be awarded what you legally deserve, which may be what you claimed or less. The general object of compensation is to put you in the same position, money-wise, that you would have been in had the person or company not acted in the way you're complaining about. It isn't to make a profit.

How much are small claims court fees?

You'll have to pay a court fee upfront, and a hearing fee if your case gets to court – the fees depend on how much your claim is for, as the table below shows. 

If you win, it won't cost you anything as you'll get the fees back. If you lose, you don't – so be realistic with your initial claim. 

Small claims – court & hearing fees

Claim amount

Court fee (1)

Hearing fee (2)

Up to £300

£35

£27

£300.01 to £500

£50

£59

£500.01 to £1,000

£70

£85

£1,000.01 to £1,500

£80

£123

£1,500.01 to £3,000

£115

£181

£3,000.01 to £5,000

£205

£346

£5,000.01 to £10,000

£455

£346

(1) Must be paid upfront. (2) Only paid if your case gets to court. 

You may also have to pay:

  • Expenses for the other side – if you win, this isn't an issue, but you need to factor in that if you lose your claim, you may be ordered to pay expenses for the other side. 

  • Cost of appeal – if you lose your small claim but decide you want to appeal, this costs £142 in the small claims court process.

Quick questions

If you're on benefits or have a low income, you may qualify for 'remission of the fees' – a fancy way of saying that you won't have to pay the fees. But this won't stop the judge ordering you to pay the other side's expenses if you lose.

You can apply for help with fees online, at Gov.uk. Do this before you make the claim – you'll get a 'help with fees' reference number, which you'll need when you go to make your claim. 

You can also apply for the help by post, though if you do this, you'll need to make your court claim by post too. See apply for help with fees by post on Gov.uk for more info.

If you win your case, you'll get the court fees back as well as the claim, and you can ask for certain expenses.

If you win, you can't charge fees for any legal advice to the defendant. So if you pay for legal advice, you're unlikely to get it back. This is why most people deal with small claims without a solicitor's help.

If you lose, you shouldn't have to pay the other party's lawyer's fees – but you could find yourself having to pay certain expenses of theirs, and you won't get the court fees back.

You'll have to pay within 14 days of the hearing, but you can ask for more time to pay the costs and anything else by instalments once the court has seen full details of your financial situation: income, expenses, assets and so on. You could end up paying:

  • £90 a day for loss of earnings or leave to attend a hearing, plus reasonable travelling expenses for each of the other side and any necessary witnesses they take along to court.

  • £750 if the judge gave them permission to get evidence from an expert – for example, someone required to inspect a sofa for a fault.

Step-by-step help for making a court claim

Going to court can appear a daunting prospect, but small claims court procedure is designed for you to do it yourself, without the aid of a solicitor.

There won't be gavels, a jury, and you won't have to take an oath, for example, but you will need to state that what you have put down on the claim form is true – and embellishing the truth could land you in trouble.

Also, know that you might not even get all the way to court. Making a court claim is often just a case of filling in a form online or sending one to the court. Sometimes, just the act of doing this will mean a company settles (assuming you've got a decent case).

Here, we walk you through the whole process step-by-step so you know exactly what to expect.

Step 1: Fill in the claim details

The real meat of your claim involves filling in a form called a 'particulars of claim' (or 'simple procedure claim' in Scotland). This is a statement telling your side of the story. You need to include full details of what you're claiming for and why.

  • In England or Wales. You'll be asked for the name, address and email address of the person or company you're claiming against. You can either make your claim online or by post:

    - Do it online. Use the Gov.uk online service or the HM Courts & Tribunals Service Money Claim website. If you start the process online you'll be able to sign into your account in the future, check on updates and manage your claim.

    You can pay the court fee by credit or debit card and the court is likely to order that this fee is refunded to you by the other side if you win, but not if you lose. Be aware there may be more fees to pay later in the process, as explained above.

    You'll also need your 'help with fees' reference number if you've already applied for help with fees online. Don't worry if you don't already have it – you can apply while you make your money claim online.

    - Do it by post. If you'd prefer to start the process by post, you'll be asked for the same details as you would applying online, but you'll need to get hold of the N1 form. You can pick this up from your local county court, or download and print it off. You'll then need to send it to the Civil National Business Centre with a cheque or postal order to pay the fee.

    This cost may be waived if you're on benefits, as explained above – if you're applying for help with fees, you'll also need to send a completed EX160 form by post.

  • In Scotland. To start an online claim, go to the Scottish Courts & Tribunals Service Civil Online website.

  • In Northern Ireland. Use the Northern Ireland Department of Justice online service.

Step 2: After you make your claim

Your claim, including your name and address, will be sent to the person or business owing you money. You'll be sent an email telling you the date they need to respond to you by.

There'll then be one of two outcomes...

Result! You have scared them enough into paying you the money without having to take them to court. But there still might be work to be done.

If they can pay the money immediately, that's great – this should be sent directly to you.

If they tell you they need time, you will need to come to some sort of arrangement, but it's down to the defendant to fill in the paperwork this time (they will need to send a form to the court requesting 'judgment on admission').

If they don't stick to this arrangement, you can take legal action against them forcing them to pay. If you don't accept their offer, then you have to give your reasons why. A court official will decide what a reasonable arrangement should be.

The court will send both parties an order for payment. If you're not happy, you should write to the court giving your reasons and you must send a copy of the letter to the defendant. A judge will then decide what is reasonable for the defendant to pay. If the defendant doesn't keep to the arrangement, again, you can take enforcement action.

If the defendant decides to defend your claim, they have 14 days to respond. When their defence is returned to the court, you'll be sent a 'directions questionnaire' which you must return no later than the date written on it. The court will use the information given on the directions questionnaire to decide which 'track' the case will be allocated to.

Step 3: Mediation

If your claim is being defended, before you even get to court you'll be offered a one-hour compulsory telephone mediation service. You'll be contacted by the HM Courts & Tribunals Service, which deals with monetary claims under £10,000, to arrange this.

There's no charge as it's covered by your initial fees. As most cases are dealt with by telephone, they can be cheaper and quicker than court. If you fail to attend a mediation then the court may strike out your case or you may have to pay all the court costs yourself, even if you win. Then...

If you reach an agreement

If you manage to reach an agreement through mediation, you'll make a legally binding verbal agreement at the mediation appointment, which you must follow. You'll be given the terms of the agreement in a document called a 'settlement agreement'.

If either side breaks the terms, then the other side can go to court to ask for a judgment or hearing.

If you don't reach an agreement

If you don't manage to reach an agreement through mediation, you'll have to attend a court hearing. You cannot mention what happened during the mediation appointment in court.

Note, you won't have to wait longer for a court hearing if you go to mediation first, but you could save a lot of money and hassle, so it's definitely worth taking seriously.

Step 4: Go to court

If you've been through mediation and haven't reached an agreement and the court decides to allocate the case, both you and the defendant will be sent a 'notice of allocation' which will tell you what you need to do to prepare for the final hearing. You might, for example, be asked to provide copies of the documents you intend to use to the court and other party at least 14 days before the hearing.

Make sure you follow these directions. If not, the case could be postponed and you might have to pay all the costs of the case. Also, sometimes if you haven't followed directions about filing documents and witness statements, the court may refuse to allow you to rely on them and continue to hear the case without your evidence.

The notice of allocation will usually specify the time, date and location of the hearing and how much time has been allowed for it.

Insider info: Read all the documents

Once the case has started, make sure you read the documents you get from the court, such as the directions. These will probably tell you to come up with written statements of your evidence, plus any witnesses who can back up important parts of your evidence which are likely to be challenged by the other side, and to send them to the court, and the other side, a specified period before the hearing. Don't fall into the trap of simply taking note of the hearing date and nothing else.

- Stephen Gold, legal journalist and former judge

What happens at court?

You present your case at court. It's important that you keep calm and state your case in a rational way so that the judge has the chance to hear why you feel you have been wronged, and what redress you're seeking and why.

Though it might seem intimidating, you're not going to be watched by a jury of 12, the world's media, court officials and members of the public taking an interest.

This isn't a criminal trial; it's likely to be held in a small room with just the judge and clerical staff, plus you and the defendant.

Insider info: Don't be nervous

Going to court might be an intimidating experience for many, but there is nothing to fear. More often than not, court claims are heard in a room which resembles an office (not the sort of courtroom you see on TV) and the judge will do all they can to try to put you at ease.

- Stephen Gold, legal journalist and former judge

Go through the detail of the case, and say what methods you have already tried to sort things out. The more effort you've made before going to court, the more the judge can see that you're not just doing this on a whim.

It's also important that you don't get angry. It's likely that if you've reached a court claims hearing that you're frustrated beyond belief at not being able to get your money back from the shop/tradesperson, but the judge won't look more favourably on you if you're visibly angry. State the facts of your case calmly, and wait for the judge to decide.

Quick questions

If you want to attend the hearing but can't, you can write to the court and apply for a later date to be set. But be warned: saying it clashes with a hair appointment won't cut it and it will (literally) cost you.

But if the cost of getting to the court hearing is higher than the claim merits, you can write to the court and ask it to deal with the claim in your absence. You should also send a copy of your letter to the other side, and it must arrive with the court and defendant no later than seven days before the hearing date.

Sometimes the court won't set a final hearing date at the allocation stage. It could instead propose that the claim is dealt with without a hearing. If the parties don't object, the case will be decided on the papers, or written evidence, only. If the parties don't reply by the date given, the judge may treat the lack of reply as consent.

A preliminary hearing could be held if the claim requires special directions that the judge wants to explain to the parties personally. It may also be held if the judge feels that you (or the defendant) have no real prospect of succeeding and wants to resolve the claim as soon as possible to save everyone time and expense. Additionally, a preliminary hearing might be necessary if the papers don't show any reasonable grounds for bringing the claim. A preliminary hearing, therefore, could become a final hearing where the matter is decided once and for all.

Step 5: Get a judgment

If you've attended court, at the end of the hearing the judge will give the judgment, and will give you their reasoning behind this. If you don't attend the hearing you'll be sent a letter with the judgment.

If you're not happy with the judge's decision you can appeal against it, but only if the court made a mistake in law or there was a serious irregularity in the proceedings. You will need a judge's permission to appeal.

If you want permission to appeal, you must request it when you lose and, if it is refused, re-request it in the 'notice of appeal' which must be received by the court within 21 days of the date of the decision, unless the court has given a different time limit. Contact Citizens Advice to get free advice on appealing.

For more information on making a claim, read the Gov.uk 'make a court claim for money' webpages or ask a question in the MSE Forum. Please also tell us your own stories, so others can see how it's done.

Step 6: If necessary, enforce the judgment

After you've been to court and won, you may still have to 'enforce a judgment' to get the money you're owed. You'll need to go back to the same court and it will cost you money.

Ordering someone to attend court costs £50, and the other steps cost a whopping £100 each, so it's worth working out what the person or business can afford to pay.

If the money is owed by an individual, you can ask the court to order that person to attend to provide evidence of their income and spending. If it's a business you can ask for an officer from the company to attend court to give more details. You can then decide what you need to do to get your money. You have four options:

  1. Send bailiffs to collect payment

    You can ask the court to use bailiffs to collect the money, by either filling in a 'warrant of control' form or using Money Claim Online. The bailiff will ask for payment within seven days and if the debt isn't paid, they'll visit the person's home or business, to see if anything can be sold to pay the debt.

  2. Get money deducted from wages

    You can ask the court to send an order to the person's employer, to take money from wages to pay the debt. To do this you'll need to fill in an 'attachment of earnings order'.

  3. Freeze assets or money in an account

    The court can freeze money in the person's bank or building society account (or in a business account). To do this you'll need to fill in a 'third-party debt order'. The court will decide whether money from the account can be used to pay the debt.

  4. Charge the person's land or property

    You can ask the court to charge land or property belonging to the person or company. To do this you'll need to fill in a 'charging order'. If the land or property is sold, the individual or business must pay this charge before they can get their money.

Thinking of making a court claim? Share your experiences/complaints in the Small claims court forum discussion.

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