Short answer

To make a small claim in England and Wales, send a letter before claim to the other person or company who you have a claim against, then issue a county court claim online or on form N1 if you are not paid. Most claims worth £10,000 or less go to the small claims track, with issue fees from £35 and a free one-hour mediation call.

What is the small claims court and what is the limit?

There is no separate small claims court. Small claims are county court claims allocated to the small claims track, a simpler procedure designed for people who represent themselves.

Under Civil Procedure Rule 26.9, the small claims track is the normal track for claims worth £10,000 or less. Lower limits apply to some claims:

• personal injury: £5,000 for injury damages in most road traffic accident claims and £1,500 in other injury claims (with a £10,000 overall cap)
• housing disrepair claims by tenants: £1,000 for the repairs and £1,000 for other damages

If you win, you can usually recover only fixed costs such as court fees and limited expenses, not a lawyer's full fees. If you lose, your costs risk is similarly limited.

How do you get money owed before going to court?

The court expects you to try to settle first. The Practice Direction on Pre-Action Conduct says you should send a letter before claim (also called a letter before action) setting out:

• who you are and what the claim is about
• a summary of the facts and why the other side owes you money
• exactly how much you want and how you worked it out
• a deadline to reply and copies of key documents

A reasonable reply time is 14 days in a straightforward case. If you are a business claiming a debt from an individual or sole trader, the Pre-Action Protocol for Debt Claims applies and the debtor must be given 30 days to reply. If you skip these steps the court can penalise you on costs even if you win.

How much does a county court claim cost?

The issue fee depends on the amount you claim. From the HMCTS fees list (EX50, updated 13 July 2026):

• 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 case goes to a small claims hearing you pay a hearing fee, from £27 (claims up to £300) to £346 (claims over £3,000). You add the fees to your claim and can recover them if you win. If you are on a low income you may qualify for Help with Fees.

How do you make a claim online?

You can issue a claim through the HMCTS online money claims service or by posting paper form N1 to the Civil National Business Centre. Money Claim Online can be used for claims up to £99,999.99. You cannot claim online if you do not know the amount, if there is more than one claimant or defendant, if the claim is against a government department, or if a party lacks an address in England or Wales.

You will need the defendant's correct name, address and email, a clear statement of what happened (the particulars of claim) and the amount. You can also claim interest, usually at the statutory rate of 8% a year simple under section 69 of the County Courts Act 1984.

How do you respond to a claim form?

If you receive a claim, do not ignore it. You usually have 14 days from service of the particulars of claim to respond. You can admit the claim, admit part of it, defend it or counterclaim. If you file an acknowledgment of service within 14 days you get a further 14 days, 28 days in total, to file a defence.

If you do nothing, the claimant can ask for judgment in default and you may get a county court judgment without a hearing.

What happens after a claim is defended?

If the claim is disputed and worth £10,000 or less, both sides are told they must attend the free HMCTS Small Claims Mediation Service. It is a telephone appointment lasting up to one hour. If you fail to attend without good reason, the court can strike out your claim or order you to pay costs.

If mediation does not settle it, the court sends directions (for example, deadlines to send witness statements and documents) and lists a hearing. Small claims hearings are informal, often short, and sometimes held by video. The judge usually gives a decision on the day.

What is a county court judgment and how is it enforced?

A county court judgment (CCJ) is a court order to pay. If the debtor pays in full within one month, it can be removed from the register. Otherwise it stays on the Register of Judgments for six years and affects their credit rating.

A judgment does not guarantee payment. If the debtor still does not pay you can apply for enforcement, such as a warrant of control for enforcement agents (fee £96), an attachment of earnings order (£139) or a charging order over property (£139).

What are the key deadlines and time limits?

Missing a deadline can end your claim. The main ones are:

• Six years from the breach of contract or the debt falling due to issue most money claims (Limitation Act 1980, section 5)
• 14 days for a reply to a letter before claim in a straightforward case (30 days under the Debt Claims Protocol)
• 14 days to respond to a claim form, or 28 days if you file an acknowledgment of service
• Four months from issue to serve the claim form if you serve it yourself
• One month to pay a CCJ in full to keep it off the register

What should you do next?

1. Gather your evidence: contracts, invoices, messages, bank statements and photos, and work out exactly what you are owed.
2. Send a clear letter before claim with a deadline to pay, and keep proof of sending.
3. Ask Libra to check your claim, draft your letter before claim or particulars of claim, and explain the fees. If you lend money in future, a written loan agreement for individuals makes recovery simpler.
4. If you are not paid, issue your claim online and pay the issue fee (or apply for Help with Fees).
5. Take part in mediation, prepare your documents for the hearing and meet every court deadline.
6. If the claim is complex or high value, find a lawyer or clinic through Libra before you issue.

Frequently asked questions

How do I sue someone in the UK for money they owe me?

In England and Wales you send a letter before claim and, if they still do not pay, issue a county court claim online or on form N1. Claims up to £10,000 normally go on the small claims track. Scotland and Northern Ireland have separate court systems and rules.

Do I need a solicitor for the small claims court?

No. The small claims track is designed for people who represent themselves, and legal costs are generally not recoverable, so many people bring claims alone. You may still want help to value a claim or draft documents. You can ask Libra or find a lawyer through Libra.

Can I claim interest on a debt?

Usually yes. In a county court claim you can ask for simple interest at 8% a year under section 69 of the County Courts Act 1984, or at a contractual rate if your contract sets one. Business-to-business debts may qualify for higher statutory late payment interest.

What if the defendant does not respond to my claim?

If they do not respond by the deadline, you can ask the court for judgment in default. The court then orders them to pay, usually without a hearing. If they still do not pay, you can apply to enforce the judgment through the court.

Is mediation compulsory for small claims?

For defended claims worth £10,000 or less, you will normally be told you must attend the free HMCTS Small Claims Mediation Service, a one-hour telephone session. If you fail to attend without good reason the court can strike out your claim or order you to pay costs.

Can I get my court fee back if I win?

Yes. Court fees are added to your claim and the judge will normally order the losing party to pay them, together with the amount owed and any interest awarded. Getting the money still depends on the other side paying or on successful enforcement.

How long do I have to bring a small claim?

For most money and contract claims you have six years from the date the cause of action arose. Personal injury claims generally have three years. A written acknowledgement of a debt or a part payment can restart the clock for debt claims. Act well before the deadline, because the defendant can rely on it as a defence.

Can I sue a friend or relative for money I lent them?

Yes, if you can show it was a loan and not a gift. Messages, bank transfers and any promise to repay are useful evidence. Send a clear letter before claim asking for repayment by a set date, then issue a claim in the county court if they do not pay.

Do I have to attend the small claims hearing?

Usually yes, as the judge wants to hear from you. Many small claims hearings are now held by video or telephone, and you can ask for one if travel is difficult. If you do not attend, the judge may decide on the papers, often against you, so tell the court beforehand.

Can I bring a claim if I do not know the other side's address?

You need an address at which the defendant can be served before the court can proceed. You may be able to find it through public registers, such as Companies House for companies, or a tracing agent. A court can sometimes allow service by other means, but you must apply and justify it.

What if I cannot afford the court fee?

You may be able to get help with the fee if you have a low income or receive certain benefits. You apply through the official Help with Fees scheme on gov.uk, and you can apply before you issue the claim. If you win, the fee can usually be added to what the other side pays.

Can I sue a company that has gone into liquidation?

Usually not without the court's permission, as claims are stayed once a company is in compulsory liquidation, and creditors generally claim through the liquidator instead. Unsecured creditors often recover little. Check the Companies House and Gazette records first to see whether the company is still active.

Ask Libra

• Someone owes me £2,000, how do I get it back?
• Write a letter before claim for an unpaid invoice
• How much will it cost to issue a small claim for £4,500?
• I have received a county court claim form, what should I do?
• Can I sue a friend who has not repaid a loan?
• Is my claim out of time if the debt is five years old?

Sources

• GOV.UK: Make a court claim for money
• GOV.UK: Civil court fees (EX50)
• GOV.UK: Small Claims Mediation Service
• GOV.UK: Respond to a court claim for money
• GOV.UK: County court judgments for debt
• Civil Procedure Rules Part 26 (small claims track scope)
• Practice Direction: Pre-Action Conduct and Protocols
• Limitation Act 1980, section 5

This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.