How to Start a Small Claims Court Case in the UK and Ireland
Complete guide to starting a small claims court case in England, Wales, Scotland, Northern Ireland, and Ireland. From first steps to court filing — or let GotAClaim do it from £20.
Thinking About Going to Small Claims Court?
If someone owes you money, sold you faulty goods, did a bad job, or broke a contract — you can take them to court without a solicitor. The small claims court is designed for exactly this. It is informal, affordable, and you represent yourself.
But before you file anything, there are important steps you need to follow. Skipping them can cost you time, money, and even your case.
This guide covers the entire process from start to finish — across all UK jurisdictions and the Republic of Ireland.
Step 1 – Check Whether You Have a Valid Claim
Not every dispute belongs in court. Before going any further, ask yourself three questions.
First, does someone owe you a specific amount of money or have they clearly breached a contract or legal obligation? Second, can you prove it with documents — invoices, receipts, emails, contracts, photos, or text messages? Third, is the amount within the small claims limit for your jurisdiction?
The limits are: up to £10,000 in England and Wales, up to £5,000 in Scotland, up to £5,000 in Northern Ireland, and up to €2,000 in the Republic of Ireland.
If you answered yes to all three, you likely have a valid claim. If you are unsure, GotAClaim's free claim checker can help you assess your situation in minutes.
Step 2 – Gather Your Evidence
The strength of your case depends entirely on your evidence. Courts do not decide based on who sounds more convincing — they decide based on documentation.
Collect everything relevant: the original contract or agreement (even if it was verbal, note down what was agreed and when), all invoices and receipts, email and text message exchanges, photos or videos of faulty goods or poor workmanship, bank statements showing payments made, any written responses from the other side, and records of your attempts to resolve the dispute.
Organise your evidence in date order. The more complete and structured your documentation, the stronger your position — whether the case settles early or goes to a hearing.
Step 3 – Send a Letter Before Action
A Letter Before Action (LBA) is the formal step between a complaint and a court claim. It tells the other party that you intend to take legal action if they do not pay or resolve the issue within a set deadline — usually 14 days.
In England and Wales, sending an LBA is legally required under the Civil Procedure Rules before filing a court claim. In Scotland, Northern Ireland, and Ireland, it is strongly recommended and courts take it into account when deciding costs.
The LBA must clearly state: who you are and your relationship with the other party, what is owed and what for, the exact amount including any interest, the deadline to respond, and your intention to file a court claim if they do not pay.
This is where most disputes end. Once the other side receives a formal legal notice, the reality of a court judgment — and the damage a County Court Judgment does to a company's or individual's credit rating — usually motivates payment.
GotAClaim generates a professional Letter Before Action for £20 sent by Royal Mail and with automated email delivery and follow-up reminders.
Step 4 – Wait for the Deadline to Pass
After sending your Letter Before Action, you must give the other side the full deadline period to respond. Do not file a court claim before the deadline expires — if you do, the court may penalise you on costs even if you win.
Use the waiting period to prepare. Make sure your evidence is organised, your claim amount is calculated precisely, and you have the correct legal name and address of the person or company you are claiming against.
For companies, always check Companies House (companieshouse.gov.uk) for the registered company name and registered office address. Using a trading name or branch address instead of the registered details can invalidate your claim.
Step 5 – File Your Court Claim
If the deadline passes without payment or a satisfactory response, you file your claim. The process differs by jurisdiction.
England and Wales — File online through Money Claim Online (MCOL) for straightforward money claims, or by posting Form N1 to the County Court. Court fees range from 35 pounds to 455 pounds for claims up to 10,000 pounds. Most cases go through free court mediation before reaching a hearing.
Scotland — File through the Civil Online portal using the Simple Procedure for claims up to £5,000. Court fees are £22 (claims up to £300) or £123 (claims over £300). Cases go through a Case Management Discussion, usually by phone, before any hearing.
Northern Ireland — File through the NI Courts and Tribunals Service for claims up to £5,000. Application fees range from £47 to £155. The respondent has 21 days to respond.
Republic of Ireland — File through the Courts Service of Ireland for claims up to €2,000. The fee is a flat €25. The Small Claims Registrar actively mediates between both parties before any hearing.
For a full breakdown of fees across all jurisdictions, see our court fees guide.
Or skip the paperwork — GotAClaim prepares your pre-filled court filing pack for £30 (€35 in Ireland) using the details from your Letter Before Action. No re-typing, no guessing, no form errors.
Step 6 – The Other Side Responds (or Doesn't)
Once the court serves your claim, the other side has a set period to respond — usually 14 days in England and Wales, 21 days in Northern Ireland.
They can pay in full, admit the claim and propose a payment plan, file a defence, or ignore it entirely. If they ignore it, you apply for a default judgment — the court rules in your favour without a hearing.
If they defend, the court will schedule mediation or a hearing. You represent yourself. The hearing is informal for small claims — you explain what happened, show your evidence, and the judge decides.
Step 7 – Enforcing the Judgment
Winning does not guarantee payment. If the other side ignores the judgment, you take enforcement action.
Options vary by jurisdiction but typically include: bailiffs or sheriff officers to seize goods, attachment of earnings orders, orders to freeze bank accounts, and charging orders against property.
Each enforcement step has its own fee. Before filing your claim, it is worth checking whether the other side is likely to be able to pay — a judgment against someone with no money or assets may not be worth pursuing.
How Long Does All of This Take?
If you send a Letter Before Action and the other side pays within the 14-day deadline, the whole process takes two weeks.
If you need to file a court claim and the other side does not respond, a default judgment can be granted within 3 to 4 weeks after filing.
If the case is defended and goes to a hearing, it may take a few months. The vast majority of disputes are resolved at the LBA stage — you may never need to set foot in a court.
What Does It All Cost?
With GotAClaim, the total cost of a Letter Before Action plus a court filing pack is £40 (€45 in Ireland) plus the court fee. No solicitor fees, no hidden charges.
Compare this to a solicitor's letter which typically costs £150 to £500, or a debt collection agency which takes 15% to 35% of whatever they recover.
And because most disputes settle after the Letter Before Action alone, many GotAClaim users pay just £20 to resolve their dispute entirely.
Already Sent Your Own Letter Before Action?
If you have already sent a letter before action yourself and the other side has ignored it, GotAClaim can still help.
Start with our £20 automated LBA service. A second professionally formatted LBA with automated reminders strengthens your paper trail and gets your claim details into our system — which then unlocks your pre-filled court filing pack for £30.
Think of it as upgrading your claim, not starting over.
Frequently Asked Questions
Do I need a solicitor for small claims court?
No. The small claims court is designed for individuals to represent themselves. You can use a solicitor if you choose, but their fees are generally not recoverable for small claims, so most people handle it themselves.
How much can I claim in small claims court?
Up to £10,000 in England and Wales, £5,000 in Scotland and Northern Ireland, and €2,000 in Ireland. Claims above these amounts go to more formal court tracks where legal advice is recommended.
What if the person I am claiming against is a company?
You must use the company's registered name and registered office address from Companies House. Using a trading name or branch address can invalidate your claim. See our guide to suing a company for full details.
What if I win but they do not pay?
You can apply for enforcement action including bailiffs, attachment of earnings, or freezing their bank account. Each enforcement step has its own fee.
Is it worth going to court for a small amount?
It depends on the amount versus the court fee. For example, recovering a £500 debt costs £70 in court fees in England — which you get back if you win. With GotAClaim, many claims are resolved at the LBA stage for just £20, making even small amounts worthwhile.
What if I already sent a Letter Before Action and it was ignored?
Start with our £20 automated LBA service to get your details into our system and create a documented trail. Then unlock your pre-filled court filing pack for £30.
Start Your Claim Today
Most disputes are resolved with a single Letter Before Action — no court, no solicitor, no stress. Start with our £20 automated service. If they do not pay, your court forms are ready for you to download with our N1 (starting a claim) service.