Make a Claim in the Small Claims Court

Originally written by Dave Howell, updated by the editorial team on 8th July 2026

What the small claims court is for

When someone owes you money and refuses to pay, the small claims court offers a way to pursue what you are owed without needing a solicitor. This route is designed to be accessible enough for ordinary people to use themselves, though success depends on the strength of your case.

In England and Wales, small claims typically cover disputes worth up to £10,000. The exact limits can change, so check the current thresholds on GOV.UK before starting your claim.

Small claims are not limited to unpaid debts. You can also use this route for:

Faulty goods or products that do not match their description
Damage caused to your property
Poor quality workmanship from tradespeople or contractors
Road traffic incidents
Personal injury claims up to £1,000 for accidents not involving road traffic, or up to £5,000 for road traffic accidents

Check GOV.UK for the current personal injury thresholds, as these figures may have changed.

The term small claims court can be slightly misleading. There is no separate building or court that handles only these cases. Small claims are heard within the County Court.

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Before you make a claim

You cannot proceed directly to court action. The rules require you to make genuine attempts to resolve the dispute with the other party first. If you skip this step, the court may penalise you, even if your claim would otherwise succeed.

Start by contacting the person or business in writing. Set out clearly what you are owed and why. Give them a reasonable deadline to respond or pay. Keep copies of all correspondence.

For faulty goods, this means going back to the retailer or supplier and giving them a chance to put things right. For unpaid invoices, send a formal letter before action stating the amount owed and warning that you will take legal action if payment is not received within a set period. Fourteen days is common, though this can vary depending on the circumstances.

The court will want evidence that you tried to settle the matter through negotiation or alternative dispute resolution before issuing proceedings. Alternative dispute resolution includes mediation, where an independent third party helps both sides reach an agreement. Some trade bodies and ombudsman schemes also offer dispute resolution services that may be relevant to your situation.

If the other party ignores your attempts to resolve things, or refuses to engage, document this. It strengthens your position if the matter does go to court.

Be aware that limitation periods apply. For most debts and contract disputes, you have six years from the date the problem arose to bring a claim. After this period, you lose the right to pursue the matter through the courts.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

How to start a claim

You can make a claim online through the Money Claims Online service on GOV.UK. This is the most common method for straightforward money claims. Alternatively, you can fill in a paper claim form and send it to the County Court.

There is a fee to issue a claim. The amount depends on how much you are claiming. Fee information is published on GOV.UK and is updated from time to time. You may be able to claim this fee back from the other party if you win.

When completing your claim, set out the facts briefly and clearly. State what happened, what you are owed, and why the other party is responsible. Attach or list any evidence you have, such as receipts, contracts, photographs, or correspondence.

Once the court receives your claim, they will send the paperwork to the defendant. The defendant then has a set period to respond. They might admit the claim and pay up, dispute it, or ignore it entirely. If they do not respond within the deadline, you can ask the court to make a judgment in your favour by default.

What happens at a hearing

Many small claims are resolved without a formal hearing. The parties may settle between themselves, or the court may decide the case based on the paperwork alone if both sides agree.

If a hearing is needed, small claims hearings are usually informal compared to other court proceedings. They often take place in a private room rather than a traditional courtroom. A district judge will hear both sides, ask questions, and look at the evidence before making a decision.

You do not need a solicitor to represent you. Most people handle their own small claims. If you do choose to use a solicitor, you will usually have to pay their fees yourself regardless of whether you win. Legal costs are not normally recoverable in small claims cases, except in rare situations where one party has acted unreasonably. Support is available for people representing themselves, including through Citizens Advice bureaux and some law school legal clinics.

Prepare for the hearing by organising your evidence and thinking through the key points you want to make. Bring all relevant documents with you on the day.

If you win, the court will order the other party to pay. Getting the money can sometimes be a separate challenge. If the defendant does not pay voluntarily, you may need to take further enforcement steps. Options include instructing enforcement agents (bailiffs) to collect the debt, applying for an attachment of earnings order, or obtaining a charging order against the defendant's property. Each enforcement method involves additional fees and processes.

For current fees, forms, and guidance on making a small claim, visit GOV.UK or contact your local Citizens Advice bureau.

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Showing 20 of 335 questions

Ask Courtroom Advice a Question

CourtroomAdvice Editor 20/05/2026 at 9:17 am

@Kim Really sorry to hear what your parents have been through, especially your dad doing the work himself at 80. Since the bailiffs can't catch him in, ask the court to upgrade enforcement: you can apply for an Attachment of Earnings order if he's employed, a Charging Order if he owns property, or a Third Party Debt Order if you know his bank. An Order to Obtain Information also forces him to court to disclose his finances under oath, and ignoring it risks contempt.

Kim 15/02/2024 at 11:09 am

Elderly parents got a builders quote for works. Agree to price, builder said half up front in cash for materials, which they did. Builder did one day's work and never returned. Went through small claims online, builder signed papers saying he agreed to debt, would pay instalments, paid once. Baliffs had done five or six visits to where he lives, but haven't actually seen him sovhave left paperwork.
Where do we go from here, this has made my parents ill with the stress, the house was left like a building site, and I can't help them as I'm disabled. The work, thankfully, has now been finished, by my 80, yes 80 yearmold dad, and took him a year and half!

Slav 02/10/2023 at 9:35 am

Van with credit went bad broken after a year. We bought an additional warranty of around £800 which cannot be used as a used car for Amazon delivery. From January 27, 2023, the van is in the garage. The amount of repairs is about £5,000 ,every month I pay for the van. Credit and insurance. Tax together about £550 plus. To be able to do my job I have to rent a van for £200 a week. The repairs take months, they are still waiting for some parts and something new to do, etc. head gasket and gearbox, flywheel, turbo. At the beginning they said that the repairs would take about three months and it would already be the end of September

MD 02/08/2023 at 1:11 pm

My sister was diagnosed with Alzheimer's a few years ago. I was disappointed that my nieces did not alert the family that something was wrong with their mother at the time. We had to find out when she went missing for over 24 hours and fortunately was eventually found by the police. I had been trying to get her in a home but my nieces kept saying they would look after her until she got worse! She sadly died at home. My niece told me she had made a Will which included me, my younger sister and mother as beneficiaries. Plus she had appointed us as Executors. I paid for my sister's funeral as the nieces said they did not have money to do so. Both girls were over the age of 25 at the time, working and still living at home. I have since found out that the older niece filed for Probate saying that there wasn't a Will present. She had also stopped contacting me when I started to question why they had not been paying the mortgage. I get all the bank statements as I am down as Executor. She has also refused to honour her mother's last wishes which was to leave my younger sister, my mother and me a small gift of cash. Unfortunately my mother has dementia so she is not able to challenge what my niece is doing. My mother looked after them for years so they are literally throwing everything back in her face. I had always defended them when other members of the family said they were only keeping my sister in the house so they could stay there. Putting my sister in a home meant they would have to find accommodation elsewhere and they did not have money to do that even though they were both working. I firmly believe that my sister would still be alive today if she had been in hospital with 24/7 care. My nieces are not nurses. I am trying to take back control of my sister's estate but do not have money for a solicitor. Can someone please help or advise?

Nick 29/03/2023 at 8:55 am

Took my car for a MOT and needed work. The mechanic has tightened a bolt up to to tight has has broke another part and now they are expecting me to pay £1500 for new part which I'm refusing to pay for as it was there mistake for not using right tools.

Sam 27/07/2022 at 8:41 pm

I sent a van for a wrap and the business who did it has ruined my van I have the pics and messages everything he has done to my van now having bills over 4000 to fix this work and out right . The lad who did it won't give me my money back or correct the work which i have asked numerous times .

His reply was go to court and go legal

David0l 21/09/2021 at 8:18 am

A woman married me to get a visa into the UK, she borrowed over £37,500 off me, she collected her visa and on the way home started an argument then left, I later found out that she had used my debit card to pay all her bills in her country. Can I take her to all claims for fraudulent marriage, and conning me out of money to pay her fees.

Kate 18/10/2020 at 7:34 am

@paul888
You definitely have a case.
Why don't you contact judge Rinder (on the TV), I'm serious. I tried with my ex but he wouldn't attend

paul888 15/07/2020 at 9:59 am

I have put in a small claim against my x partner i was paying my child maintenance thinking that my child was going to college but turned out that she had left and didn't tell me . each time i ask how college was going i was told it was going ok she also told me that she was going to do the second year , my x partner didnt tell the child benefit service that she had left college and was still claiming . i had to get proof from the college that she was kicked off enrollment for not going to college ,as she was still in receipt of child benefit the child maintenance told me i still had to pay her . i sent proof to them but they still did not wont me to stop payments to her. i had to get my MP involved to get my case shutdown because i payed her direct pay the only way i could get my money back is to go though the small claims court . iv asked her to use the Mediation but she will not use this service so its going to court .
can someone please help me with any advise also i need to know how to set out a witness statement please can anyone help me .
paul888

maggie77 10/10/2019 at 12:34 pm

Hi, I recently had my car keyed in a supermarket car park. This incident was caught on CCTV and I also have the car reg details of the woman that did this. Prior to my car being keyed this woman had tried to cut in front of me to get the parking spot I was going into. ( She come flying down the side of me on the wrong side to get in the spot ) This didn't work and I did not move my vehicle giving her no choice but to find her own parking spot, she was screaming and shouting. I did nothing but park up in the spot and go into the store. Upon my return to the car my partner and I saw the damage. I immediately went to ask security if anything had been seen on CCTV and luckily for me it had. I had taken a picture of the woman's vehicle before going into the store in case anything happened, I had a gut feeling. This information has been passed onto the police they are in the process of obtaining the CCTV footage and they also have the offenders reg details. I have had two separate quotes to have my vehicle fixed and they range from £475-£420 can I take this woman to small claims court?

Lisa 09/10/2019 at 10:23 am

If I have a child maintenance case and still after a year the outstanding balance is still nearly 4000 pound can I make a small claims court case.

Mom 13/08/2019 at 7:57 am

How does my 17 year old son make a small claim? Do I do it on his behalf or can he do it himself?

Susie 24/06/2019 at 3:32 pm

Tony, who parked in M&S car park...
Do nothing. The same thing happened to me and also to my cousin.I ignored it. They sent loads of letters and threats and eventually they gave up. The same happened to my cousin and they gave up on that one as well

tony 10/06/2019 at 5:09 pm

In January I parked at the Marks and Spencer Car Park in Westbourne, Bournemouth. There was a car parking attendant present, whom we consulted about cost, refund from M and S etc. He told us the maximum time was one and a half hours, but that we would be ok to stay up to two hours. We bought the ticket for £1.50 and he showed us the detachable part to give to M and S. I returned and collected the car within the 2 hours , but over the one and a half hours. I have now been fined by Euro Car Parks £85 and feel this is unfair. I have lost my appeal with both ECP and POPLA, and the shop won’t get involved – although they must know the attendant. I have no proof of the conversation, but the onus seems to be on me to provide proof. What can I do , as I feel I have been scammed? I live over 2 hours away and was only visiting with my wife and a friend. We’re all in our 60s and I have chronic heart failure, so need to park near to the facilities. I presume there will now be threatening letters – which will be stressful. I would have thought Marks and Spencer would want to offer some support at they encourage customers to park there. It seems that their standards of customer care have been completely eroded. The figure has now gone up to £145 and I am being threatened with court proceedings by ECPs debt collectors. What should I do?

sa 03/02/2018 at 5:05 pm

I am the claimant in a small track claim. I am about to complete allocation questionaire as case been defended.
If it goes to a court hearing further to mediation do I have to attend the hearing or can it be dealt with in my absence with the judge viewing paperwork & witness statements ? as it would be a long way for me to travel and I would prefer not to attend anyway.

Barbv Editor 05/01/2018 at 11:29 am

@Coode1 - surely the school would give you this information.

Coode1 04/01/2018 at 4:42 pm

I am taking someone to court over unpaid piano lessons, I teach the lessons privately but at a school. I have the address and initial of the parent i am claiming against but not the parents full name. I taught the daughters but the dispute is with the parent but i only have the mothers initial. Do i need her first name for the court.

Ilovechocolate 26/10/2017 at 6:40 pm

I purchased a car in January this year from the car shop in swindon. It’s had a catalogue of errors since I purchased it and I think it was hammered by the last owner. It’s now back in the garage with further gearbox issues and I’m looking to get hit with a huge bill. They sold me a warranty that is useless and the customer service they offer is awful. The price they wanted for a new gearbox was highway robbery. Another garage has quoted half the price but from the same gearbox supplier. Do I have grounds to take this to court

E P 15/02/2017 at 1:26 am

I lent a friend £15 000 in 2015 to save their child care providing business which my child was attending, with the assurance to be paid 6 months later, however this did not happen. I applied to claims court which then led to a county court judgment and high enforcements agents were involved. The agents could not track him and he made it apparent to me that he will make sure that they do to track him. I have seeked advice from a lawyer and did some research and found out that he has transferred all his businesses in his wife's name, therefore, appears have no assests to his name and is still refusing to pay till now, what do I do next??

Stew 04/02/2017 at 9:04 am

My daughter took me to court for monies in a divoice agreement, these were stated after the small claims court proceedings.
The monies were transferred electronically back in 2015, and facebook messages went between us.
The problem now is that she never informed the court that the monies were paid. I now have an active CCJ.
I have contacted the courts service and they said that they would contact her, but what happens if she doesn't response?
Can I then take her to court for non notification of monies received, as this is causing major credit issues to me.

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