Quick Answer: How to Make a Small Claim
To make a small claim in the UK, you need to: (1) Send a Letter Before Action to the defendant giving them 14-30 days to pay, (2) If they don't pay, file your claim with the small claims court, (3) Attend the hearing if the defendant contests your claim. Most claims settle after the Letter Before Action without needing court.
Cost: £35-£455 court fee (recoverable if you win) or use GotAClaim for £20 flat fee only if you get paid.
How to Make a Small Claim: Complete Guide
This guide explains everything you need to know about how to take someone to small claims court in the UK. Follow these steps to make a small claim and recover money owed.
Check if You Can Make a Small Claim
Before you make a small claim, verify your case meets these requirements:
Requirements to Make a Small Claim:
- Claim value: Up to £10,000 in England & Wales (£5,000 in Scotland/Northern Ireland)
- Evidence: You have proof the money is owed (invoices, contracts, emails, receipts)
- Defendant details: You know the full name and address of the person/company that owes you
- Time limit: The debt is less than 6 years old (5 years in Scotland)
Common small claims: Unpaid invoices, faulty goods, services not provided, breach of contract, deposit disputes, property damage, and consumer rights issues.
Send a Letter Before Action
Before you can make a small claim in court, you MUST send a Letter Before Action. This is a formal demand letter giving the defendant a final chance to pay before court.
What to Include in Your Letter Before Action:
- Your name and contact details
- Defendant's name and address
- Amount owed and breakdown of costs
- Why the money is owed (dates, invoice numbers, contract details)
- Deadline to pay (14-30 days)
- Warning you'll take them to small claims court if they don't pay
💡 Pre-Action Stage: Many disputes are resolved after the Letter Before Action — allowing you to avoid court fees entirely.
File Your Small Claim in Court (If Needed)
If the defendant doesn't pay after your Letter Before Action, you can make a small claim by filing with the court. Here's how to take someone to small claims court:
How to File in Small Claims Court:
Option 1: File Online
Use Money Claim Online (MCOL) for claims up to £100,000. Court fee: £35-£455 depending on claim amount.
Option 2: File by Post
Complete form N1 (Claim Form) and send to your local county court with the court fee.
Option 3: Use GotAClaim
We handle everything - Letter Before Action, defendant communication, settlement tracking. Only pay £20 if you get paid.
Court Fees for Small Claims:
- • Claims up to £300: £35
- • £300.01 - £500: £50
- • £500.01 - £1,000: £70
- • £1,000.01 - £1,500: £80
- • £1,500.01 - £3,000: £115
- • £3,000.01 - £5,000: £205
- • £5,000.01 - £10,000: £455
Note: You can usually recover court fees from the defendant if you win.
What Happens After You Make a Small Claim
Once you've filed your small claim, here's what to expect:
14 days: Defendant receives claim
They have 14 days to respond (admit, defend, or make a counter-offer).
If they admit: You get judgment
Court orders them to pay. You can enforce if they still don't pay.
If they defend: Hearing scheduled
Small claims court hearing usually 3-6 months later. Judge decides the case.
If you win: Defendant must pay
Court orders payment within 14-30 days. You can enforce if needed.
How Long Does It Take to Make a Small Claim?
Settlement After Letter Before Action
Many disputes are resolved after sending a Letter Before Action, often within days. No court filing needed if they respond.
Admitted Claims (No Hearing)
If defendant admits the claim after court filing, you get judgment within 4-6 weeks without a hearing.
Contested Claims (With Hearing)
If defendant contests your small claim, expect 4-6 months from filing to final court hearing and judgment.
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