Requirements for making a small claim in the UK in 2026

The small claims track is a straightforward, cost-effective way to resolve disputes involving relatively modest sums of money without needing a solicitor. It is part of the County Court system in England and Wales, and equivalent processes exist in Scotland (the Simple Procedure) and Northern Ireland (the Small Claims Court). This guide focuses primarily on the process in England and Wales, where claims are handled through HM Courts and Tribunals Service (HMCTS).

If someone owes you money, has provided faulty goods or services, or has caused you financial loss, the small claims process gives you a formal legal route to recover what you are owed. The process is designed to be accessible to members of the public acting without legal representation, and most steps can be completed online.

What this procedure is and what it’s for

The small claims track is a division of the County Court in England and Wales used to resolve civil disputes where the claim value does not exceed £10,000 (or £1,000 for personal injury or housing disrepair claims arising from a tenancy). It is not a criminal process — it is a civil one, meaning you are seeking financial compensation or the return of property, not a criminal conviction.

Common situations where people use the small claims track include:

Recovering unpaid debts from an individual or a business
Disputes over faulty goods or poor workmanship by a trader
Landlord and tenant disputes over deposits or repairs
Claims for damage to property caused by a third party
Disputes over contracts for services

The official body responsible is HM Courts and Tribunals Service (HMCTS), which is an executive agency of the Ministry of Justice. Claims are filed through the HMCTS Money Claim Online (MCOL) service at www.moneyclaim.gov.uk or, for more complex claims, via the Civil Money Claims service at www.civilmoneyclaims.service.gov.uk. Paper forms can also be submitted at a County Court hearing centre if you prefer not to use the online service.

Documents required

Before starting your claim, gather the following. You will not always need to submit every document at the point of filing, but you must be able to produce them if the claim is defended and proceeds to a hearing.

Identification and contact details

Your full legal name and current address (required on the claim form)
The defendant’s full legal name and address — for a business, this means the registered name and registered office address

Evidence supporting your claim

Copies of any written contract or agreement between you and the defendant (originals should be kept safe; copies are submitted to the court)
Copies of invoices, receipts or purchase records showing the amount owed or the transaction in dispute
Copies of any correspondence (letters, emails, text messages) in which you asked the defendant to resolve the matter before going to court
A pre-action letter (letter before claim) — a copy of the formal written notice you sent to the defendant before issuing proceedings; this is required under the Pre-Action Protocol for Debt Claims and is strongly recommended in all small claims
Photographs or other visual evidence of faulty goods, damage or poor workmanship, where relevant
Expert or specialist reports, if you have obtained them (for example, a tradesperson’s written assessment of defective work)
Bank statements or financial records showing payments made or losses incurred
Witness statements, including your own, setting out the facts of the dispute in plain language (these are usually prepared after the claim is issued, if the claim is defended)

Notes on documents

Documents do not require an apostille or certified translation unless a foreign-language document is being relied upon, in which case a certified English translation must be provided.
Submit copies to the court; keep originals for the hearing.
There is no requirement to notarise documents for the small claims track.

Steps to complete the procedure

Send a pre-action letter (letter before claim). Before filing, write formally to the defendant stating the amount you are claiming, why you believe you are owed it, and giving them a reasonable time to respond (usually 14 days for individuals, 30 days for businesses under the Pre-Action Protocol for Debt Claims). Keep a copy and proof of sending.
Choose how to file your claim. Most claimants use one of two online services:
- Money Claim Online (MCOL) — suitable for straightforward money claims
- Civil Money Claims — a newer, guided online service for claims up to £10,000 Alternatively, complete paper form N1 (Claim Form), available from any County Court hearing centre or from the HMCTS website, and submit it in person or by post.
Complete the claim form. Provide your details (claimant), the defendant’s details, the amount claimed (including any interest), and a brief, factual particulars of claim explaining what happened and why you are owed the money.
Pay the court fee. Fees are paid at the point of filing, online by debit or credit card, or by cheque if submitting a paper form. If you are on a low income, you may be eligible for a fee remission (Help with Fees — form EX160).
The court serves the claim on the defendant. HMCTS will send the claim form to the defendant, who then has 14 days to acknowledge it and 28 days from service to file a defence.
If the defendant does not respond, you can apply for a default judgment using form N225 (for a specified amount) or N227 (for an unspecified amount).
If the defendant defends the claim, HMCTS will send both parties a directions questionnaire (form N180 for the small claims track). Complete and return it by the stated deadline.
Attend the hearing. The court will set a date, usually at your local County Court hearing centre. Bring all original documents and copies for the judge and the defendant. Hearings are informal and the judge will guide proceedings.
Enforce the judgment if you win. Winning a judgment does not automatically mean the defendant pays. If they do not pay voluntarily, you may need to apply for an enforcement method (for example, a warrant of control, attachment of earnings, or a charging order).

Estimated total time from filing to hearing: typically 4 to 6 months for a defended claim, though straightforward undefended claims can be resolved in a matter of weeks.

Fees and timelines

Court fees for the small claims track in England and Wales are set by HMCTS and are based on the value of the claim. The figures below were in force as of early 2026; always verify the current fee schedule at www.gov.uk/court-fees-what-they-are before filing.

Claim up to £300: fee of £35 (online) or £50 (paper)
Claim £300.01–£500: fee of £50 (online) or £70 (paper)
Claim £500.01–£1,000: fee of £70 (online) or £100 (paper)
Claim £1,000.01–£1,500: fee of £80 (online) or £115 (paper)
Claim £1,500.01–£3,000: fee of £115 (online) or £205 (paper)
Claim £3,000.01–£5,000: fee of £205 (online) or £455 (paper)
Claim £5,000.01–£10,000: fee of £455 (online) or £455 (paper)
Fee remission: available via form EX160 (Help with Fees) if you receive certain benefits or have a low income — no fee is payable if approved
Hearing fee: an additional hearing fee is payable if the claim is defended and proceeds to a hearing (varies by claim value; typically £25–£335)
Estimated time for undefended claim (default judgment): 3–6 weeks from filing
Estimated time for defended claim to hearing: 4–6 months, though delays at busy court centres can extend this
Validity of judgment: a County Court judgment (CCJ) remains enforceable for 6 years from the date it is entered; it appears on the defendant’s credit record for 6 years unless satisfied within one month

Common mistakes and how to avoid them

Not sending a pre-action letter before filing. Courts expect claimants to have attempted to resolve the dispute before issuing proceedings. Skipping this step can result in cost penalties even if you win. Always send a formal letter before claim and keep proof of postage or delivery.
Using the wrong defendant name or address. If you are suing a limited company, use its full registered name (as shown on Companies House) and its registered office address, not just a trading name or shop address. An incorrect defendant name can invalidate your claim or make enforcement impossible.
Writing vague or emotional particulars of claim. The particulars of claim must state the facts clearly and concisely: what happened, when, what was agreed, and what the defendant failed to do. Avoid personal opinions or lengthy narrative. Stick to facts and figures.
Missing court deadlines. Once a claim is issued, both parties must meet strict deadlines for returning questionnaires, filing documents and attending hearings. Missing a deadline can result in your claim being struck out. Set calendar reminders as soon as you receive any court correspondence.

Frequently asked questions

Do I need a solicitor to make a small claim? No. The small claims track is specifically designed for people to represent themselves. You may use a solicitor if you wish, but the court will not usually order the other side to pay your legal costs even if you win, so most claimants proceed without one.

What happens if the defendant lives in Scotland or Northern Ireland? The County Court in England and Wales has jurisdiction if the contract was made or performed in England or Wales, or if the defendant has a connection to England or Wales. If the defendant is based in Scotland, you may need to use the Scottish Simple Procedure instead. If in Northern Ireland, the Northern Ireland Small Claims Court applies. Seek advice from the relevant court if you are unsure of jurisdiction.

Can I claim interest on the money owed? Yes. You can claim statutory interest at 8% per year on the unpaid amount under the Late Payment of Commercial Debts (Interest) Act 1998 (for business-to-business debts) or under Section 69 of the County Courts Act 1984 (for other claims). Calculate the interest from the date the money became due to the date of filing, and state this clearly on the claim form.

What if I win but the defendant still does not pay? A judgment in your favour does not guarantee payment. If the defendant ignores the judgment, you must apply separately for enforcement. Options include a warrant of control (bailiffs), an attachment of earnings order, a third-party debt order, or a charging order on property. Each enforcement method has its own application form and fee.

Is there a time limit for making a small claim? Yes. Under the Limitation Act 1980, most contract and debt claims must be brought within 6 years of the date the cause of action arose (i.e., when the debt became due or the breach occurred). For personal injury claims, the limit is generally 3 years. Do not delay in issuing your claim if the limitation date is approaching.

What to do next

The most important step before anything else is to send a formal pre-action letter to the defendant and keep a copy. Once the response period has passed without resolution, gather your contract, invoices, correspondence and evidence, then file your claim online via the Civil Money Claims service or Money Claim Online.

Requirements, fees and court procedures can change. Always verify the current rules, fee schedule and forms directly with HM Courts and Tribunals Service (HMCTS) at www.gov.uk/make-court-claim-for-money before you file. If your claim involves a complex legal issue or a significant sum, consider seeking independent legal advice from a solicitor or a free service such as Citizens Advice.

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