Small claims in the county court: how to claim money up to £10,000

If someone owes you money and will not pay, the county court's small claims track is designed to let individuals and small businesses resolve disputes without needing a lawyer. This guide explains how it works in England and Wales. It is general information, not advice on your situation.

What is the small claims track?

When a defended claim reaches the county court, it is allocated to a "track" depending on its value and complexity. The small claims track, governed by Part 27 of the Civil Procedure Rules (opens in a new tab), is the simplest. Under the Civil Procedure Rules, it is normally used for claims worth up to £10,000. Lower limits apply to some kinds of claim:

• personal injury claims are usually only on the small claims track where the damages for the injury itself are not more than £1,000, with a higher limit of £5,000 for many road traffic injury claims made since 31 May 2021
• housing disrepair claims by tenants are usually only on the small claims track where the cost of repairs and any other damages are each not more than £1,000

Typical small claims include unpaid invoices, faulty goods or poor services, deposit disputes and money lent to someone who will not repay.

Before you claim

The courts expect you to try to resolve the dispute first. The Practice Direction on Pre-Action Conduct (opens in a new tab) says parties should exchange enough information to understand each other's position and consider settling, including through alternative dispute resolution. If you ignore these steps, the court can take that into account.

In practice, this usually means sending a letter before claim that sets out:

• who you are and who you are claiming against
• what happened, in date order
• how much you are claiming and how you worked it out
• what you want the other side to do, and a reasonable deadline
• that you may start court proceedings if the matter is not resolved

If you are a business claiming a debt from an individual, including a sole trader, the Pre-Action Protocol for Debt Claims (opens in a new tab) applies. It sets out a particular letter format and normally gives the debtor 30 days to reply.

Check the time limit

Claims must be started within the limitation period. Under the Limitation Act 1980 (opens in a new tab), the period for most claims in contract and for most negligence claims not involving personal injury is six years from when the cause of action arose. Personal injury claims usually have a three-year limit. There are exceptions, so do not leave it late.

Check the other side can pay

Winning a judgment does not guarantee you will be paid. Before spending money on a claim, think about whether the other side has money or assets. If a company is in insolvency, or a person is bankrupt, special rules apply and a court claim may not be possible or worthwhile.

Starting the claim

GOV.UK explains how to make a court claim for money (opens in a new tab). For most fixed-sum claims, you can use the online service to make a money claim (opens in a new tab). Otherwise, you can use paper form N1.

You will need the defendant's correct name and address. If you are claiming against a limited company, use its registered office address, which you can find on Companies House. If you are claiming against a sole trader, name them as an individual trading under their business name.

Court fees

You pay a court fee to start the claim, and the amount depends on how much you are claiming. If the claim goes to a hearing, there is usually a further hearing fee. Fees change from time to time, so check the current amounts on GOV.UK and in the court fees leaflet. If you are on a low income or certain benefits, you may be able to get help with fees (opens in a new tab). Court fees are normally added to the amount you claim from the defendant.

What happens next

The defendant is given time to respond, usually 14 days after service, or 28 days if they file an acknowledgement of service. They can pay, admit all or part of the claim, or defend it. If they do not respond in time, you can usually ask the court for judgment in default.

If the defendant defends the claim, both sides fill in a directions questionnaire. The court then decides which track the claim should be allocated to.

Mediation

Since 22 May 2024, most defended small claims for a specified sum of money are automatically referred to the free Small Claims Mediation Service run by HM Courts & Tribunals Service. Mediation normally takes place by telephone, with a mediator speaking to each party separately. If you reach an agreement, it is legally binding. If not, the claim continues towards a hearing. Unreasonably failing to take part in mediation can have consequences.

The hearing

Small claims hearings are less formal than other court hearings. They often take place in a judge's room rather than a courtroom, and sometimes by video or telephone. The judge will usually ask questions and let each side explain their case. You will be sent directions in advance telling you which documents to send to the court and to the other side, and by when. Follow these carefully.

Bring copies of your key documents: the contract or invoice, correspondence, photographs and any witness statements.

Costs

One of the main features of the small claims track is that the loser usually does not have to pay the winner's legal costs, apart from limited items such as court fees, some travel expenses and loss of earnings for attending, and certain expert fees within set limits. This keeps the financial risk lower, but it also means that if you instruct a solicitor, you will usually pay their fees yourself even if you win.

Enforcing a judgment

If you win and the other side does not pay, the court does not collect the money automatically. You can ask the court to enforce the judgment. Options include:

• a warrant or writ of control, where enforcement agents can take and sell goods
• an attachment of earnings order, where money is taken from the debtor's wages
• a third party debt order, freezing money in a bank account
• a charging order against property the debtor owns

Each option has its own fee and requirements. GOV.UK has guidance on enforcing a judgment (opens in a new tab).

Where to get help

Citizens Advice (opens in a new tab) can help you prepare a claim or respond to one, and some law centres and the LawWorks clinics network (opens in a new tab) offer free advice sessions. To find a solicitor, search the Law Society's Find a Solicitor (opens in a new tab) and check any firm on the SRA register (opens in a new tab). Our free legal help page lists free options.

Sources

1. Part 27 of the Civil Procedure Rules (opens in a new tab) (justice.gov.uk)
2. Practice Direction on Pre-Action Conduct (opens in a new tab) (justice.gov.uk)
3. Pre-Action Protocol for Debt Claims (opens in a new tab) (justice.gov.uk)
4. Limitation Act 1980 (opens in a new tab) (legislation.gov.uk)
5. make a court claim for money (opens in a new tab) (gov.uk)
6. make a money claim (opens in a new tab) (gov.uk)
7. help with fees (opens in a new tab) (gov.uk)
8. enforcing a judgment (opens in a new tab) (gov.uk)
9. Citizens Advice (opens in a new tab) (citizensadvice.org.uk)
10. LawWorks clinics network (opens in a new tab) (lawworks.org.uk)
11. Law Society's Find a Solicitor (opens in a new tab) (solicitors.lawsociety.org.uk)
12. SRA register (opens in a new tab) (sra.org.uk)

Sources checked for the update dated 15 October 2026. Spotted an error? Tell us and read how we handle corrections.