Small Claims Court Process Step by Step in England and Wales

Filing a money claim in England and Wales follows a set procedure under the Civil Procedure Rules — and every step has its own form, fee or deadline that catches people out. Whether you are chasing a contractor who took your deposit, a tenant who owes rent or a client who never paid an invoice, the process is the same.

What counts as a small claim

The County Court handles civil money disputes. The small claims track is the normal track for most straightforward claims worth up to £10,000 under CPR Part 26, which keeps things simpler: hearings are informal, cross-examination is limited and — crucially — the losing side does not normally pay the winner's legal fees. Allocation is not automatic, and some claim types have lower limits.

For personal injury claims, the small-claims limit for the injury damages is £5,000 for most road traffic accident claims, £1,000 in specified road traffic cases, and £1,500 for other personal injury claims; the overall claim value must also be no more than £10,000. For housing disrepair, the estimated repair cost and any other damages must each be no more than £1,000.

The ten steps from demand to judgment

1. Send a letter before action

Before filing, you should normally give the other side a fair chance to pay. The Practice Direction on Pre-Action Conduct calls for a letter before claim setting out what you are owed, why, and a reasonable response period — usually at least 14 days for a straightforward claim. The Debt Claims Protocol gives an individual debtor 30 days to respond when a business is pursuing a debt.

2. Check the time limit

Under the Limitation Act 1980 you have six years from the date the money became due. Miss that deadline and the defendant can have the claim struck out. The clock does not pause while you negotiate or complain to an ombudsman.

3. Calculate the claim value

Add together the principal debt and any interest you are entitled to (for example, statutory interest under section 69 of the County Courts Act 1984 or interest at 8 percentage points above the Bank of England base rate under the Late Payment of Commercial Debts Act 1998 for qualifying business debts). The claim amount plus interest determines the issue-fee band; do not add the court fee itself.

4. Choose your filing route

You have three options:

• Online Civil Money Claims (OCMC) — HMCTS's online service for eligible specified-money claims, including claims over £10,000. Represented claimants must use it when their claim meets the PD 51R conditions; litigants in person may use it for eligible claims.
• Money Claim Online (MCOL) — a separate legacy portal for eligible specified-money claims under £100,000; it remains available subject to its rules.
• Paper form N1 — sent to the Civil National Business Centre in Northampton. Use it when the claim amount is unknown, there are multiple claimants or three or more defendants, or the claim does not meet an online service's eligibility rules.

5. Pay the court fee

Issue fees run from £35 for claims up to £300 to £455 for claims over £5,000 and up to £10,000 (2026 EX50 schedule). If you are on a low income, apply for Help with Fees using form EX160 before paying the fee; if you have already paid, you may apply retrospectively within three months if eligible.

6. Wait for the defendant's response

The defendant normally has 14 days after service of the claim form (or, if particulars of claim are served separately, after service of the particulars) to acknowledge service or respond. An acknowledgment of service extends the deadline for a defence to 28 days after service of the particulars of claim. The defendant can admit the claim, defend it, file a counterclaim or do nothing.

7. Request default judgment if there is no response

If the defendant ignores the claim entirely, you can request default judgment — a court order in your favour without a hearing. There is no court fee for the request itself.

8. Complete the directions questionnaire (N180)

For a paper claim, both sides normally receive form N180 after a defence; the notice gives the return deadline. OCMC uses its online directions process. The court uses the parties' answers and the claim value to decide allocation and directions.

9. Attend mandatory mediation

For eligible defended small claims, Practice Direction 51ZE provides automatic referral to the Small Claims Mediation Service (SCMS) for a free telephone session. It excludes road traffic accident and other personal injury claims. For OCMC claims, referral follows a defence if the claimant confirms they wish to continue and has not opted out. The court must consider attendance when deciding whether a costs sanction is appropriate.

10. Attend the hearing

Small claims hearings are informal. A district judge hears both sides, looks at the evidence bundles and makes a decision — often on the same day. If you win, the judge orders the defendant to pay the debt plus your court fees. If the defendant still does not pay, enforcement options include a warrant of control, an attachment of earnings order or a charging order.

What it costs in total

For a typical £3,000 claim: £115 issue fee, up to £181 hearing fee, and potentially a few pounds for postage if you are serving documents yourself. If you win, the court issue fee and hearing fee are recoverable from the defendant under CPR 27.14.

How long it takes

An undefended claim can produce a default judgment within five to eight weeks. A defended claim that goes through mediation and a hearing usually takes four to eight months from filing to judgment — longer if either side requests an adjournment.

The County Court Money Claim Guide walks through each of these steps with the exact forms, fee tables and deadline calculations so you can file with confidence.

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