What is the small claims court?
If someone owes you money and refuses to pay, you can ask the courts to help recover it. The small claims court is not actually a separate court building or institution. It is one of three tracks within the County Court system, known formally as the Small Claims Track.
The County Court handles most civil disputes in England and Wales, including debt recovery, contract disagreements and claims for compensation. When you submit a money claim, the court will allocate it to one of three tracks depending on the value and complexity. The Small Claims Track handles claims up to £10,000, though personal injury and housing disrepair claims have a lower limit of £1,000.
This track exists so that ordinary people can pursue disputes without hiring lawyers. The procedures are stripped back compared to other court processes, and most claimants represent themselves. In most cases, losing a small claims case does not obligate you to pay the other side's legal costs, which makes bringing a claim less risky financially.

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Common reasons people use this process include:
- Unpaid invoices for goods or services
- Money lent to someone who has not repaid it
- Deposits not returned by landlords or traders
- Faulty goods or poor workmanship where a refund has been refused
- Breach of contract disputes
Before you can bring a claim, you must show the court that you have tried to resolve the matter directly with the person who owes you money. Courts expect you to follow reasonable pre-action conduct, which means writing to the other party setting out what you are owed, why you believe they owe it, and giving them a reasonable deadline to pay or respond. This is not a formal protocol for small claims in the way it is for larger cases, but judges will want to see that you made genuine attempts to settle before issuing proceedings.
Keep copies of all correspondence. If the case goes to court, you will need to demonstrate that you tried to resolve things first.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
How to start a claim
Most money claims in England and Wales can be started online through the Money Claims Online service, which is run by HM Courts and Tribunals Service. This system allows you to submit your claim, pay the court fee and track progress as your case moves through the process.
You will need to provide details about yourself, the person or business you are claiming against, the amount owed and the reasons for your claim. Be clear and factual. Stick to what you can prove with documents, messages or other evidence.
There is a court fee to pay when you submit your claim. For claims up to £300, you will pay a fee of £35. Higher claim amounts fall into bands with progressively larger fees. Current fee levels are published on GOV.UK. If you are on a low income or receive certain benefits, you may be able to apply for help with fees.
Once you have submitted your claim, the court will send the details to the defendant. They then have a set period to respond. They may pay the full amount, dispute the claim, or admit part of it. What happens next depends on their response.
If the defendant does not reply at all, you can ask the court to make a judgment in your favour by default. If they dispute your claim, the case will be allocated to the appropriate track and you may need to attend a hearing. From start to finish, a straightforward small claim typically takes several months to reach a hearing, though cases that settle early or result in default judgment can conclude sooner.
Winning your case does not guarantee payment. If the defendant refuses to pay or claims they cannot afford to, you may need to take enforcement action. Options include applying for a warrant of control, which sends enforcement agents to recover goods, or an attachment of earnings order, which deducts money directly from wages.
Alternatives to court action
Going to court should usually be a last resort. It takes time, costs money and there is no guarantee you will recover what you are owed even if you win.
Mediation is one alternative worth considering. A mediator is an independent person who helps both sides reach an agreement without a court hearing. The Small Claims Mediation Service, provided free by the court, offers a one hour telephone mediation session for allocated small claims cases. Organisations such as the Civil Mediation Council can also help you find an accredited mediator for civil disputes.
You might also try sending a formal letter before action, sometimes called a letter before claim. This sets out your case clearly and warns the other party that you intend to take legal action if they do not pay. Sometimes this is enough to prompt payment without needing to go further.
If you are unsure whether the small claims process is right for your situation, consider seeking advice first. Citizens Advice can help you understand your options, and GOV.UK provides guidance on the claims process, fees and what to expect at each stage.
Can I take my ex husband to small claims court over unpaid child support agency arrears and ongoing unpaid CMS payments? He owes over £4000 CSA and it's up to £6000 CMS payments now. He lies about his income as he is self employed and lies about where he is living by sending letters back when in fact he is due to marry in 3 months time and has lived with his partner for 8 years. Could I please have some advice on how to claim the money owed please
Today I’ve been sent a letter
“General form of Judgment or Order
Saying it will go back to court and the both defendantS must bring proof full income and expenditure
When I saw proof of outgoings when I was offered £5 a month his outgoings just didn’t seem right. Also her outgoings and income weren’t included even though she is on of the defendants
So what now? Do I attend court that day and what will be the outcome? What should I expect
Please could you advise me.
my company have been issued with a Particulars of Claim by my former employee!
the employee in question was really bad at her work, she was on her probation when i had to let her go - agreeing to pay full months salary etc.
I have tried my best to get her settled in and at her interview and on her application she stated she was familiar with nature the work - but in reality, she either was lying about her experience or showed no interest in doing the work!
I had several appraisal meetings to help her along the way and to help her further no records were kept so that it does not affect her bonuses etc.
Because of some financial problems i could not pay her to when promised too. I have since responded to all ACAS enquiries and have proposed to spread the pay over 8 Months, she immediately refused to accept and filed a claim with interests.
What and how should I respond to this claim as a defendant.
Thank you.
The agreement was between us but he has now stopped paying a couple of months ago claiming he is out of work. I've tried to sort it with him but he completely ignores me.
Can I claim it back through Small Claims Court ?
Can I take my ex the father of my 2 children to court for unpaid maintenance.
The agreement was between us but he has now stopped paying a couple of months ago claiming he is out of work. I've tried to sort it with him but he completely ignores me.
Can I claim it back through Small Claims Court ?
I got charged for brand new hinges for the car door which I slammed once in an argument.
Had to send money for my ex flooding hotel bathroom because I'd supposedly caused it due to us arguing and then sent me a picture of the ill family dog so I would pay for vets bills. I've had enough.
Now I'm being charged for a holiday my ex booked alone and didn't go to. Claiming it was cancelled because of me potentially ruining it. I've been asked for £200 but I am refusing to pay because I didn't say to cancel it or agree to pay. I'm being threatened with further action. Has my ex even got a case against me?
He refused to pay a penny so I had to pay the lot.
Can I use the Small Claims Court to recover what he owes me - around £6,000?
Any advice? I tried contacting them including hand delivering a letter to address
Any advice
Who should I take to court, him or his ex? He already has thousands of pounds of debt he is trying to avoid paying, so is unlikely to pay even with a court order.
I have won a CCJ but the debtor still refuses to pay. Since the amount owed is less than £600 I cannot send a bailiff to recover the debt. What would be the best course of action to take in order to obtain payment?
My ex boyfriend physically abused me and mentally tortured me when we were together but claims he took out a loan for me for car repairs but he squandered the money on a games console and withdrew numerous amounts
Of cash from my bank account after he'd transferred it. He's harassed
Me and my boyfriend for months and police went to his house and issued him a PIN notice to not contact me, yet here he isn't asking for £1500 or he's taking me to small claims court.
After everything I went through the fact he's now trying to get to me again is causing me stress.
What should I do?
In October 2016, I lent my mother £5,000 to expedite an extension to her house. We agreed in writing that she would pay me back in full by end of Feb 2017. She paid back £1,500 and then told me that she would not be paying the remainder as I had recently been on holiday and therefore she needed the money more than me. After a few weeks of corresponding with her to try and make her see that her position did not make any sense, I sent her a formal letter advising I would be taking legal action if necessary. A month later I started the process. She had admitted the amount owed in full but counterclaimed for costs of supporting in my first year of university in 2003/04. There was never any agreement that I would repay this, the amount of support is exaggerated, and 14 years have passed. Does she have any grounds for making this claim?
The text says: "If the amount you are owed is £600 or less, you cannot ask the Enforcement Officer to try and get back your money."
So what are my avenues to get my money back
One month later I didn't want to date him anymore. On that time total sun is almost £3500. He starts to bully me on my work place and also send me terrible messagens.
I start to paid him 200£ each month, but on beginning January I can afford to paid more then £100.
2 days ago he send me a message for another phone, bully me to start to paid again 200£, otherwise he goes to the court.
What can I do? I not stopped to paid his money back, I only can't afford to paid more the 100.
Regards
It's regarding landlord issues.In my previous address i had £500 deposit with landlord,as per his claim i may have 500 more to pay to him based on his assessment of cleaning, carpet, and since I did not handover the duplicate key to him on time 3 additional weeks of rent and council tax he is charging.
What if I deny to pay any extra money to him ,will he go to court ?
I'm not sure if this is something that I can take to small claims but I'm hoping I can at least get some advice. I seperated from my violent partner in December, there is now an injunction in place against him however he has stopped paying child support since I called the police. I have contacted CMS (child maintenance) and they are going to be dealing with all payments moving forward however he hasn't paid anything since December, our daughter is still here and so are her high nursery fees. He broke our family based arrangement for child support and it has also come to light that he hasn't been truthful about his income and has been underpaying since she was born. The underpayment plus missed payments is around £3,400 in total.. can I claim this back in the small Claims court?
Thanks in advance.
She has never contributed since our split and I now have a letter from the bank confirming amounts and that its in our names. Is this sufficient to initiate a claim and would small claims court consider a claim of this type?
I've issued a claim online but this is for a loan and misappropriation of funds due to fraud as the police said I had to use the civil route.
My question is: Is it accepted to use Money Claim Online for misappropriated funds and debt incurred, I have evidence obviously
And refusing to pay half the rent and 2 days before she left she asked me to upgrade her mobile phone as it was in my name and she's refusing to pay it or give the phone back
Can I take her to a small claims court over this
If I pay off the fiance in full would i be able to claim half of the money back from her through the small claims court? as i accept that i unfortunately did enter the agreement
I'd like to recover a debt of about £400 from a former business partner. The problem is, I no longer live in the UK. My debtor does and all of the debt concerns unpaid Internet and phone bills at theperson's home address which the person said they would pay but didn't. I had taken the service in my name because of their bad credit history. The bills are paid and the debt is to me. My question: can I use Money Claim Online not being the UK resident? If not, is there another way? Thank you.
..I really would appreciate some advice as to whether I can claim for some or all of the money.
Thanks in advance.
My partner and I have recently separated and during our relationship he borrowed a lot of money from myself. He had originally agreed to pay me back, however he has now become very evasive, refusing to answer most communications. When I do get hold of him he assures me that he has transferred money to my bank account and that it might take a while for it to show in my account, however it never materialises. I think I have a stronger claim to some of the money than others, please see below:
£600 - the security deposit paid on the flat he is living in. We actually broke up on the day we moved, so I have only spent one night in the flat.
£220 - memory foam mattress
£160 - his share of flights and accommodation for a trip to Edinburgh (the relationship ended before the trip took place)
Several months before the break up, my mother gave me some money to clear some of my debts, including a £2000 overdraft. At this point, my partner produced several outstanding bills, and told me that they needed to be paid first, or we would be given court summons. These bills were all in his name but were for our shared rented property. I agreed and paid the bills and our agreement was that we would pay off my overdraft in the coming months. This did not happen and so I feel it is fair to ask him for half - £1000.
Last Christmas, he had been out of work for a few months, meaning that I had to cover all of our household expenses and that we bought most of our Christmas presents using a store card. Would I be able to claim for his share - around £400?
I can provide receipts for everything, with the exception of the bills which were in his name. Unfortunately as we spoke about repayment in person, I don't have a lot of proof of his intent to pay me back. I do have one text conversation which runs something like:
Him: I have transferred some money to your account. Would you like to keep the furniture as I'm not sure I will be able to repay you any time soon?
Me: I will think about it [I am indeed keeping the furniture], but you know that you owe me for more than the deposit and furniture right?
Him: Yes and I will pay you
We were engaged before we broke up and I still have the ring. I have offered it back but he has told me I can keep it. I intend to sell it and would then remove that amount from the total that he owes me - is this the best thing to do?
He has previously been found guilty of fraud on two separate occasions. Would this count against him, and therefore in my favour?
The reason for us moving was that he had been offered a new job with a salary of £37k plus bonuses, in an area that was cheaper to live in. I quit my £16k job so that we could move and he promised to support me until I could find a job. It later transpired that he had lied and his new salary was actually only £28.5k and of course I have not had any financial support from him as our relationship ended on the day of the move. Is this relevant?
I would reall
I am divorcing him but want to claim through the courts for non mortgage payments separately to the divorce proceedings.
Can I do that?
My ex and I split up 2 and half years ago but the problem I have is we have a joint account with Overdraft of 1000 owing. He agreed to make payments of 25 a month towards it but hasn't done so. Can I go through small claims to make him pay his half?
My partner last year lent 10k to his brother to pay off some debts (he also co-signed on a smaller amigo loan). He paid the money into his brothers girlfriends account. Despite initial reassurances, no money has been paid back yet and I am really concerned that he won't ever pay this back and is relying on the fact that there is no written agreement. What kind of action can we take (if any)? We are very hard up ourselves at the moment and paying this loan off each month is getting harder to put up with. Thanks
he did not know i was pregnant in 1976 could i make a claim for past child maintanance.
My daughter is happy for a paternity test.
That date passed in June. I tried to offer payment in the presence of the police and they turned it down. I've had to replace all the stuff at full value. Where do I stand
This was for meals and hotels when I went there to visit. We were engaged at the time of the debt he says I owe. I have proof that I gave money back to him and will dispute his claims as I paid more money than he did on meals etc.
One of the garage leaseholders has paid no problem. The other leaseholder has ignored verbal and 3 written requests to pay.
The amount owed to me is £49.
Best way to recover this? I've considered Small Claims, Charge on Property etc
thanks
I paid for a website designer (£1000) whom invoicedme from a company that I later found out has been Dissolved for a long time. I'm a small business and the person has not been in touch for nearly three weeks despite emails and calls everyday.
What are the next steps? I either want my money back or what I was promised.
Is this likely to be taken to court?
I'm a self employed consultant and 4 years ago I did a quote for a business transformation project as requested by the business owners pa.
The business owners pa requested to meet to go through the details, accepted my quote and gave me the go ahead verbally.
I stated equipment/licenses & 3rd party costs would have to be paid for up front with the balance on completion. The pa said this was fine and gave me a business cheque which cleared ok and so I commenced the job which was expected to take 4 months.
During the job I was asked to do numerous other tasks for the business owner.
It felt like I had become their personal on-call consultant, but each time they accepted my rates/quotes and so I did the work and added it onto the total bill.
The main job was completed with the work accepted and I submitted my invoice together with charges for all the additional jobs/tasks completed.
I continued doing further ad-hoc tasks as requested by the business owner or their pa but my invoice became overdue.
After 7 months I stopped doing any further work for them and re-submitted my invoice to the pa pointing out it is well overdue.
I was told it has been received and will be paid but they are behind in processing.
I then started a new large project which took up my time and I wasn't chasing this debt as thoroughly as I should have been.
After about 18 months I found out that the business owners pa who had accepted my quote and given me the go ahead, no longer worked there and nobody at the business was responding to my letters.
After 24 months I managed to contact the pa who originally accepted my quote for the work, they simply stated my invoice should have been paid and to chase the business.
The amount owed comes to £9k (6k for the main project & 3k all additional work) and is now outstanding for 36 months. My contract was verbal with the pa who no longer works there but I have their contact details.
Please can you advise me on the best way forward to recover the outstanding amount?
I dont have any proof of the cash he stole. but I have a lot of bank statements with gambling debits.I also got a ridiculous amount of pay day loans out for him which he refused to pay. Can I claim these back? Can I have him charged for theft?
They responded with. 8 weeks to sort this out they are also saying I need to pay the court fee and when I ask to explain to me why this is and what happens now they ignore me
I am in a dispute with a car dealership following a fault in the car I bought. They finally agreed to refund the base price but not any consequential losses.
However, although they signed a paper about this, they haven't paid me in the 10 days they promised they would. If I start the small claims process, pay the fee but they pay me before the court order reaches them, do I get the fee of the claim back from the defendant?
If I also claim for consequential losses, is it likely to get those back if I claim them separately? Or can I only claim that and the price of the car as a single sum?
Thank you!
I am a guarantor for a loan. I was in a relationship with the person now that has tailed off. If they default I will have to pay. The question is can I then take the person to a small claims court to then get my money back !!!!
If someone could let me know that would be great.
thanks x
She has now moved to Scotland so I stopped payment. CSA has advised is going she paying £50 less a month than a currently was which will be set up
She has now gone to county court to try reclaim £800 in loss payments through a 'verbal agreement'
I wondered where is stand. Can I disagree with this saying the verbal agreement was on the terms my son remained in engaknd?
Any advice would be helpful
Thanks
The car (second hand) broke down in 7 weeks. The trader did some repair. Within a week of my son getting it back the engine was over heating. An R. A. C. Inspection said it wasn't road worthy.
3 letters were sent to trader, the last saying that court action would follow. He didn't respond.
So can I claim the money back through the courts? The car is registered in my sons name. He doesn't want to loose any money from taking time off workand he doesn't want to go to court either.
After several attempts of trying to get her to accept installments she is hell bent on taking me to court.
1)can she still cause a ccj to be taken out against me even though its her breaching the verbal contract by expecting me to pay in full.
2)she is in england and I am in scotland. Does that effect the situation in anyway?
Thanks
I'm just wondering if anybody knows if I can be pursued for a £25 debt that has arisen from a missed gym membership payment. I am receiving daily phone calls at all times of the day and night from a company called ARC. I lost my job and am now on income support and do not have a spare penny to pay this. They have sent a letter saying I'll be taken to court and I'll end up owing about £300 because of court fees. Can I be taken to court for such a small amount?
I suplied\ fitted carpet for a customer. She's happy with the fitting but not colour of carpet.
She wanted the same carpet as I fitted 12 months earlier. I explained we could still get carpet but it would be a slight different shade as from coming from a different roll batch. I have had the manufacturers out and an independent assesor too, both saying its within tolerances. Customer is still refusing to pay
What should I do? Any advice greatly received thanks
Has never paid a cent of child benefit. Claims DLA and Sick benefit yet works 60+ hour week on a building site illegally! I am outraged as he earns a lot both working and robbing government funds. He Is a violent and aggressive alcoholic.
HE ALSO HAD SOCIAL SERVICES INVOLVED EVEN BEFORE THE BIRTH OF MY CHILD DUE TO THE ALCOHOLISM AND VIOLENT NATURE. HE HIT ME MULTIPLE TIMES. ONCE ENDING WITH ME BEING ESCOURTED TO HOSPITAL VIA AMBULANCE AFTER HITTING ME TO THE GROUND REPEATEDLY WHILST PREGNANT IN A BUSY STREET WHERE WHITNESSES INTERVENED BUT HE THREATENED MY LIFE TO NOT MAKE A STATEMENT AND THE CASE FELL THROUGH?
HE TERRIFIES ME, HE HAS AN UNPREDICTABLE NATURE AND HIS BROTHER IS IN JAIL FOR MANSLAUGHTER.
I have been visiting counsellors and therapists regularily and I am in a deep state of depression
How can I make a claim for the emotional abuse, money owed, being afraid to speak up and also some kind of binding restraint from himself and family members ever contacting me or my daughter?
Many thanks for any advice.
Tj
I took a £9000 (£11500 to be paid back with interest) loan out in 2007 in my sole name. Every penny was transferred to my then partner who paid the installments (£186 per month) back to me for a year. We split up and she stopped paying the installments, so I ended up paying the rest of the debt myself buy Feb 2010. I tried getting the money back but I had no means of contacting her, I have just recently received her address so I would be able to start court proceedings, but is it too late? What are the time limits to start court proceedings?
Many thanks
In total it's around £3000 as her half, plus some rent arrears, if my landlord can specify when the rent arrears are from can I also help the landlord retrieve this? so I don't have to pay it all?
Many thanks
I received £200.00 in instalments on18th May 2012 and 9th December.
Since then no payments thus £600 outstanding.
I am resident in England. What recourse do I have to recover this debt? M
In 2005 a friend at the time was in trouble, bailiffs were at her door, and I loaned her £350. This was never repaid, after approximately 18 months of small claims court action, I won the case and was awarded the full amount plus interest.
The money still wasn't paid, I followed the attachment of earnings procedure, and my (ex) friend gave up her job. So the court decided that, due to being on benefits, she did not have to pay the money until she was in employment again.
I have had no contact with this friend since. I have recently discovered that ahe is now working again.
am i able to still claim my money or is there a time frame?
Thank you in advance.
Please tell me from where i can ask my case updates.
Thanks
I run a small dance school for children, we have had some fundraising events i.e. a bag pack and sponsored walk to raise money for the kids to attend some competitions/dance festivals.
A parent has decided to now remove her daughter from the dance school and is demanding her sponsor money be handed back or an application be made against me. My stance is that the money was raised for the dance school and not the individual dancer and therefore she is not entitled to it back to spend as she wishes....am I wrong? Would she have a case against me?
Many Thanks
Additionally I took out 0% credit cards for £7,000 to help with cash flow at the time of the venture , half of which had been paid off by her until Dec 14 when refused to pay anymore, citing it as a business debt and left e with the balance as it was in my name only. Since the split, we sold the house and halved the profits equally, she is refusing now to talk about any settlement. Can I take this to the small claims court if she doesn't agree?
So now I find myself needing my passport for employment reasons and HMPO are now refusing my application and telling me my money is forfeited, yet nowhere in any documents does it state I will lose my money it does say the HMPO will not start my application until all supporting documents are recieved so they have not en curre any expenses and they still have my old passport and photos.Need Advice
I'M PROFOUNDLY DEAF AND 74 YEAR OLD HOP LET M KNOW ABOUT AGAIN MANY THANKS
REGGIE ANDREWS
My husband and I seperated a couple of years ago and after he left I found out that he had left me with approx £16,000 in unpaid utulity bills, most of which are in joint names. I was completely unaware of these debts until he moved out and since then he has not paid a penny towards them. So I have been forced to start paying them off to avoid legal action against me.
Is it possibe to try and receover this money through the small claims court? Although his work is irregular he does have an income and therefore feel he should hep clear the debts.
Thanks for this website it helps many people I am sure.
Can you advise please if a small claims form has to be fully filled in i.e if details required to be filled in listed on the claim form and are missing, is the claim form invalid.?
Thanks
Kind regards
Harry
CSA but he's managed to avoid paying for nearly 2 years. He does it by changing his job
Continuously ( every time he does ot takes 3 months to reassess) so I've exhausted all government help, can I take him to a small claims court to recover the outstanding arrears?
You should know the Real name of the person or business and a current residential or business address
You should analyze that the decision to go in small claims court is right at the time.
You should have enough evidence to support your claim
You should have written agreement of loan, record of payments, invoice details etc
Please, please advise, Thank you very much, Bally
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