How to recover up to £10,000 through the small claims track: the letter before claim, fees, Money Claim Online, mandatory mediation, the hearing and enforcement.
This guide gives general information about the law in England and Wales, not legal advice about your situation.
If someone owes you money, or a trader has let you down and will not put things right, the small claims track of the County Court is designed for people to use without a solicitor. It is informal, fees are modest, and since 2024 most money claims go to free mediation first. This guide takes you through each stage.
Is small claims right for you?
- Value: most claims up to £10,000 go to the small claims track. Personal injury claims have lower limits.
- Time limit: you normally have six years from the breach of contract or the date of the loss to start a claim for money.
- Costs risk: in small claims, the losing side usually pays only limited costs, such as court fees and some expenses, not the other side's legal fees. That keeps the risk low.
- Can they pay? Winning a judgment does not guarantee payment. If the other side has no money or has gone out of business, a claim may not be worth it. Check Companies House for a business.
Before going to court, check whether an ombudsman or alternative dispute resolution scheme covers your complaint (for example, energy, telecoms, financial services). These are often free.
Step 1: Write a letter before claim
Courts expect you to try to resolve things first. Write to the other side setting out:
- what happened and what you want (the amount, and how you worked it out);
- copies or a list of your evidence, such as contracts, receipts, emails and photos;
- a deadline to respond, usually 14 days (if you are a business claiming from an individual, the Pre-Action Protocol for Debt Claims requires 30 days and specific information);
- that you will start court proceedings without further notice if the matter is not settled.
Keep proof of sending. Many claims settle at this stage.
Step 2: Issue your claim
You can claim online through the GOV.UK "Make a court claim for money" service, or by paper using form N1. You will need the defendant's correct name and address, the amount, and a short, clear explanation of the claim.
The issue fee depends on the amount claimed, including interest. On GOV.UK's current table, fees range from £35 for claims up to £300 to £455 for claims between £5,000.01 and £10,000. You may have to pay a hearing fee later. If you are on a low income, you may qualify for Help with Fees. You can usually add the fees to what you claim.
You can also claim statutory interest, usually 8% a year simple interest on a debt from when it was due, and businesses may be able to claim late payment interest and compensation under separate rules.
Step 3: The defendant responds
The defendant normally has 14 days from service to respond, or 28 days if they acknowledge the claim first. They can pay, admit all or part, or defend. If they do nothing, you can ask the court for judgment in default.
Step 4: Mediation
For claims issued since 22 May 2024, most defended money claims up to £10,000 (not personal injury) are referred to a free, one-hour telephone mediation with HMCTS's Small Claims Mediation Service. The mediator speaks to each side separately to help you reach an agreement. Attending is required: a judge can apply a sanction to a party who does not attend without good reason. If you settle, the agreement can be enforced if it is not kept.
Step 5: Prepare for the hearing
If mediation does not settle it, the court allocates the case to the small claims track and sends directions: deadlines for sending documents and witness statements. Follow them exactly. Prepare:
- a short timeline of events;
- a bundle of your key documents, numbered;
- a written statement in your own words, signed with a statement of truth;
- a clear calculation of what you are claiming.
Hearings are informal, often in a judge's room or by video, and the strict rules of evidence do not apply. Keep to the facts and answer the judge's questions directly.
Step 6: If you win but are not paid
If the other side does not pay by the date ordered, you can ask the court to enforce the judgment, for example by a warrant of control (enforcement agents), an attachment of earnings order, or a third-party debt order freezing a bank account. Each has a fee. A county court judgment that is not paid within a month goes on the debtor's credit record, which is often enough to prompt payment.
Frequently asked questions
Do I need a solicitor?
No. The process is designed for people to represent themselves. Free help is available from Citizens Advice and some law centres.
Can I claim for my time and stress?
Generally not. Small claims compensate for financial losses and limited expenses. Courts can award modest sums for distress in some contract cases, such as ruined holidays.
Sources and further reading
- GOV.UK: Make a court claim for money
- GOV.UK: Court fees for money claims
- GOV.UK: Mediation in small claims (news, 22 May 2024)
- Justice.gov.uk: Practice Direction 51ZE, small claims mediation
- Justice.gov.uk: Civil Procedure Rules, pre-action protocols
Facts checked on 20 October 2026. Spotted an error? Tell us and we will correct it.