How to Take Someone to Small Claims Court in the UK: Step-by-Step Guide

Published 2026-04-10 · Legal Guide Pro

The Small Claims Court in England and Wales handles disputes valued at up to £10,000. It is designed to be accessible to ordinary people without the need for expensive legal representation. Here is a complete step-by-step guide to making a claim.

Step 1: Try to Resolve the Dispute First

Before you can issue a claim, you are expected to have attempted to resolve the dispute directly. Write a formal "letter before action" to the other party, clearly stating your complaint, what you want them to do, and a deadline (usually 14 days). Keep a copy of this letter and any response. Courts take a dim view of claimants who have not attempted to resolve matters first, and it could affect the costs awarded even if you win.

Step 2: Use Alternative Dispute Resolution

Consider mediation before going to court. The Small Claims Mediation Service is free for claims under £10,000 and resolves approximately 60% of cases it handles. Mediation is conducted over the telephone and typically takes about an hour. If you can reach an agreement through mediation, it becomes legally binding.

Step 3: Issue Your Claim

You can issue a claim online through Money Claims Online (MCOL) at moneyclaims.service.gov.uk or by completing Form N1 and posting it to your local County Court. The online process is simpler and cheaper. Court fees for small claims depend on the value of your claim: claims up to £300 cost £35, claims between £300 and £500 cost £50, claims between £500 and £1,000 cost £70, claims between £1,000 and £1,500 cost £80, claims between £1,500 and £3,000 cost £115, and claims between £3,000 and £10,000 cost £205.

Step 4: The Defendant Responds

Once your claim is issued, the defendant has 14 days to respond (or 28 days if they file an acknowledgment of service). They can admit the claim (and offer to pay), defend the claim, or make a counterclaim against you. If they do not respond within the deadline, you can apply for a default judgment — the court will order them to pay without a hearing.

Step 5: Preparing for the Hearing

If the claim is defended, the court will allocate it to the Small Claims Track and set a hearing date. You will need to prepare a bundle of evidence including your claim form and the defendant's response, all correspondence between you, photographic evidence (if applicable), receipts, invoices, or contracts, and witness statements from anyone who can support your case. Organise your evidence chronologically and create an index. Bring three copies to the hearing — one for you, one for the judge, and one for the defendant.

Step 6: The Hearing

Small claims hearings are usually informal. The judge will ask each side to explain their position and present evidence. You do not need a solicitor — the process is specifically designed for litigants in person. Hearings typically last 1-2 hours. Speak directly to the judge (not the other party), be factual and concise, and remain calm and respectful regardless of what the other side says. The judge will usually give their decision immediately after hearing both sides.