Small Claims Court Guide (UK, Money Claim Online 2026)

What Is the Small Claims Track?

The small claims track is one of three tracks in the County Court system in England and Wales (the others being the fast track and multi-track). It is designed for disputes involving relatively low amounts of money — up to £10,000 (or £1,000 for personal injury and housing disrepair claims). The key features: no formal court hearing for most cases (the judge makes a decision on the papers or holds an informal hearing); no cost risk — if you lose, you are not normally ordered to pay the other side's legal costs (unlike in fast track or multi-track cases); self-representation is the norm — you do not need a solicitor; the court fee is proportional to the claim amount and reversible if you win; and the procedure is simplified — the judge manages the case flexibly to resolve it fairly and quickly. In Scotland, the equivalent is the Simple Procedure in the Sheriff Court, covering claims up to £5,000. In Northern Ireland, the Small Claims Court in the County Court handles claims up to £3,000. The small claims track is suitable for: unpaid debts (e.g. a customer who did not pay for goods or services), refunds for faulty goods or poor service, disputes over deposits (e.g. builder who did not complete work), property damage claims (e.g. neighbour damaged your fence), and breach of contract (e.g. a wedding supplier who cancelled). It is not suitable for: defamation, human rights claims, possession of land, or disputes where the main issue is complex legal argument rather than facts.

When to Use Small Claims Court

You should consider the small claims court when: you have tried to resolve the dispute directly with the other party and failed; the amount in dispute is £10,000 or less (in England and Wales); the dispute is about money (you are owed payment, a refund, or compensation for damage); and you have sufficient evidence to support your claim (contracts, receipts, emails, photographs, witness statements). Before issuing a claim, ask yourself: is the defendant worth suing? If they are a large company, they are likely to pay if you win. If they are an individual with no visible assets, you may win the case but struggle to get paid (this is called a "won in court, lost in collection" scenario). Can you provide evidence? The small claims court decides cases on the balance of probabilities — you need to convince the judge your version of events is more likely than not. Have you sent a letter before claim? This is a legal requirement before issuing a claim — you must give the other party a clear opportunity to settle. Is the claim within the time limit? Most contract and debt claims have a 6-year limitation period (5 years in Scotland) from the date the cause of action arose. If you are close to the deadline, issue the claim immediately. If the claim is less than £500, consider whether the court fee (£35) and your time are worth it — sometimes it is better to accept the loss. See our Consumer Rights guide → for guidance on trying to resolve disputes directly before resorting to court.

Step 1: Letter Before Claim

Before issuing a court claim, you must send a letter before claim (also called a letter of claim or pre-action letter). This is a formal letter that sets out your case and gives the other party a final chance to resolve the dispute without court. The letter should include: your full name and address; the defendant's full name and address; a clear description of the dispute (what happened, when, and why); the amount you are claiming (including a breakdown of how it is calculated); copies of any supporting documents (receipts, contracts, correspondence); a deadline for response (usually 14–28 days depending on the complexity); and a statement that you will issue court proceedings if they do not respond or settle. The Pre-Action Protocol for Debt Claims applies to most small claims involving debt. You can find a template letter before claim on the GOV.UK website at gov.uk/make-court-claim-for-money. Send the letter by recorded delivery so you have proof of delivery. If the defendant responds and offers a settlement, consider negotiating — mediation or a payment plan can save you the time and cost of court. If the defendant pays in full, the matter is resolved. If they ignore the letter, or respond but do not settle, you can proceed to issue a claim. Keep a copy of the letter and the proof of delivery — you will need to attach these to your claim form.

Step 2: Issuing a Claim Online

In England and Wales, you can issue a small claim online using the Money Claim Online (MCOL) service at moneyclaim.gov.uk. This service is for claims of up to £100,000 against up to 2 defendants, but it is most commonly used for small claims. You will need: the defendant's full name and address (a company's registered office address can be found at Companies House); a brief description of your claim (the "particulars of claim" — an outline of what happened and why you are owed money); the amount you are claiming (including any interest — typically 8% per year under the County Courts Act for debts); and a payment method for the court fee. Court fees are: £35 for claims up to £300; £50 for £300.01–£500; £70 for £500.01–£1,000; £80 for £1,000.01–£1,500; £115 for £1,500.01–£3,000; £160 for £3,000.01–£5,000; £215 for £5,000.01–£10,000. If you receive certain benefits, you may be eligible for Help with Fees — a full or partial remission of the court fee (apply at gov.uk/get-help-with-court-fees). Once you submit the claim, the court issues a Claim Form (Form N1) and serves it on the defendant. The defendant has 14 days to respond (or 28 days if they file an acknowledgment of service). In Scotland, use the Simple Procedure claim form at scotcourts.gov.uk. In Northern Ireland, use the Small Claims application form at courtsni.gov.uk.

Step 3: The Defendant's Response

Once served, the defendant has 14 days to respond. They have several options: Pay the full amount — the case is closed and you do not need to do anything further. Admit the claim and offer to pay in instalments — you can accept or reject the payment offer. If you reject, you can ask the court to set a payment schedule. Defend the claim — the defendant disputes your claim, either in whole or in part. They must file a Defence setting out their version of events. File an acknowledgment of service — this gives them an additional 14 days (total 28 days from service) to file a defence. If the defendant does not respond within 14 days (or 28 if they filed an acknowledgment), you can request a default judgment — the court will enter judgment in your favour without a hearing. You then need to enforce the judgment (see Step 5). If the defendant files a defence, the court will send both parties a Directions Questionnaire (Form N180 for small claims). This asks about: whether you are willing to try mediation (the Small Claims Mediation Service is free — it can resolve many cases without a hearing); whether you want the case heard at a court, by telephone, or by video hearing; the number of witnesses and experts you intend to call; and the estimated length of the hearing. If both parties agree to mediation, a trained mediator will try to help you reach a settlement. If mediation fails or you opt out, the case proceeds to a hearing.

Step 4: Hearing and Judgment

If the case does not settle through mediation, the court will list the case for a final hearing. The hearing is informal — you do not wear gowns, and the judge will address you directly. You can represent yourself (no solicitor needed). The judge will ask each side to explain their case and present evidence. You may be asked to swear or affirm to tell the truth. Preparing for the hearing: prepare a bundle of all documents — your letter before claim, the claim form, the defence, any correspondence between you and the defendant, contracts, receipts, photographs, and witness statements (if any). Send the bundle to the court and the defendant at least 7 days before the hearing. Prepare a brief summary of your case (a "skeleton argument" — a one-page bullet-point summary of the key facts and arguments). Arrive at court 15 minutes early. Dress smartly but not formally. Bring 3 copies of your bundle — one for you, one for the judge, and one for the defendant. The hearing typically lasts 30–60 minutes. The judge may ask questions of both parties. After hearing the evidence, the judge will give a decision — either immediately (orally) or later (in writing). The judge can order: the defendant to pay you a sum of money; the defendant to return goods to you; or specific performance (a rare remedy requiring the defendant to do something). If you win, the judge can also order the defendant to pay your court fee and reasonable travel expenses to the hearing (but not legal costs unless the other party behaved unreasonably). If you lose, you will not normally have to pay the defendant's costs — this is one of the key protections of the small claims track.

Step 5: Enforcing a Judgment

Winning the case is only half the battle — you then need to enforce the judgment to get paid. If the defendant does not pay voluntarily, you have several enforcement options. Ask the defendant to pay — write to them with the court judgment and ask for payment within 14 days. Often this works. Attachment of earnings — the court orders the defendant's employer to deduct a specified amount from their wages and pay it to you. This works if the defendant is employed and earns enough. Apply using Form N337. Third-party debt order — the court orders the defendant's bank or building society to freeze the money in their account and pay it to you. This is effective if the defendant has money in a UK bank account. Apply using Form N349. Charging order — if the defendant owns a property, you can register a charge against it. If they sell the property, you get paid from the proceeds. If they do not sell, you can apply for an order for sale — forcing the sale of the property — but this is expensive and risky. High Court enforcement — for judgments over £600 (or £5,000 for consumer credit), you can transfer the judgment to the High Court and instruct a bailiff (enforcement officer) to seize the defendant's goods and sell them to pay the debt. The bailiff charges a fee (which the defendant must pay). Insolvency proceedings — if the defendant owes you £5,000 or more, you can issue a statutory demand and (if not paid within 21 days) petition for their bankruptcy (individual) or liquidation (company). This is a powerful tool that often prompts payment. Each enforcement method has a court fee (typically £15–£110). If the defendant has no assets, no income, and no property, you may never get paid — this is the main risk of the small claims process. Check a defendant's assets before issuing a claim by searching TrustOnline or running a credit check on them. See our Debt guide → for help if you are the one being pursued for debt.

How Much It Costs

The cost of a small claims court case depends on the amount you are claiming and whether you pay a hearing fee. The issue fee (the fee to start the claim) ranges from £35 (claims up to £300) to £455 (claims £5,001–£10,000). If the case goes to a hearing, you may also need to pay a hearing fee of £25 (claims up to £300) to £340 (claims £5,001–£10,000). If the defendant files a defence and the court allocates the case to the small claims track, you may also need to pay an allocation fee of £29 (if the claim is over £1,500). Total potential court fees: for a £500 claim — £50 issue fee + £25 hearing fee = £75 total; for a £5,000 claim — £205 issue fee + £80 allocation fee + £170 hearing fee = £455 total; for a £10,000 claim — £455 issue fee + £145 allocation fee + £340 hearing fee = £940 total. If you are on certain benefits (Universal Credit, Income Support, Jobseeker's Allowance, Pension Credit) or have a low income, you may qualify for Help with Fees — a full or partial remission of court fees. Apply at gov.uk/get-help-with-court-fees. If you win, the court will normally order the defendant to pay your court fees back. However, if the defendant does not pay, you will need to enforce the judgment — which costs additional fees. Other costs: if you decide to use a solicitor (though this is rare in small claims), you must pay their fees yourself. You cannot recover legal costs in the small claims track unless the other party behaved unreasonably. Travel costs to and from the hearing can be claimed if you win. The bottom line — small claims court is low-cost relative to the amount in dispute, and the risk of unrecoverable legal fees is minimal.

FAQs

How long does the small claims process take?

Typically 3–6 months from issuing the claim to judgment, depending on court workload and whether the defendant defends the claim. If enforcement is needed, add another 1–3 months.

Can I use the small claims court for an online purchase dispute?

Yes. If the seller is based in England and Wales and the claim is under £10,000, you can use the small claims track. If the seller is abroad, you may need to use the European Small Claims Procedure or a local equivalent.

Do I need a solicitor for small claims court?

No. The small claims track is designed for individuals to represent themselves. The judge will guide you through the process. Using a solicitor is rarely cost-effective for claims under £5,000.

What happens if the defendant does not pay after judgment?

You need to enforce the judgment using one of the methods described above: attachment of earnings, third-party debt order, charging order, or bailiff enforcement. Winning the case does not guarantee payment.

Can I appeal a small claims court decision?

Appeals are very limited in small claims cases. You can only appeal if the judge made a serious procedural error or misinterpreted the law — not because you disagree with the finding of fact.