The Small Claims Process: Overview
The small claims court procedure has 5 main stages. Most claims settle at Stage 1 or 2 without ever reaching court. Here's what happens at each stage of the small claims process.
Letter Before Action
Timeline: 14-30 days | Cost: £20 with GotAClaim
The first stage of the small claims process is sending a Letter Before Action. This is a formal demand letter giving the defendant a final chance to pay before you take them to small claims court.
✅ Many small claims settle at this stage
Most defendants pay within 48-72 hours of receiving a Letter Before Action. This means you avoid court fees and get your money faster through the small claims process.
What Happens:
- You send formal demand letter to defendant
- Defendant has 14-30 days to respond
- If they pay: Case closed, you receive payment
- If they don't pay: Move to Stage 2 of small claims process
File Court Claim
Timeline: 1-2 days to file | Cost: £35-£455 court fee (recoverable)
If the defendant doesn't pay after the Letter Before Action, the next stage of the small claims process is filing your claim with the court. You can file online via Money Claim Online (MCOL) or by post using form N1.
What Happens:
- You complete claim form (online or paper) with all evidence
- Pay court fee (£35-£455 depending on claim amount)
- Court issues claim and sends to defendant
- Move to Stage 3 of small claims court procedure
Defendant Response
Timeline: 14 days for defendant to respond | Outcome: Varies
After the court issues your claim, the defendant has 14 days to respond. This is a critical stage in the small claims court procedure as their response determines what happens next.
Defendant Can:
✅ Admit Full Claim
They agree they owe the money. Court orders them to pay. You win without a hearing. Small claims process ends here.
🤝 Admit Part of Claim
They agree to part of the amount. You can accept their offer or proceed to hearing for the rest. Continue small claims process.
🛡️ Defend the Claim
They dispute the claim. Small claims court hearing will be scheduled. Continue to Stage 4 of small claims procedure.
⏰ No Response
They don't respond within 14 days. You can request default judgment. Small claims process moves to Stage 5.
Court Hearing (If Defended)
Timeline: 3-6 months from filing | Duration: 1-2 hours
If the defendant defends your claim, the small claims court procedure includes a hearing. This is where a judge reviews both sides and makes a decision. Small claims hearings are informal and you don't need a solicitor.
What Happens at Small Claims Court Hearing:
- Both parties present their case to the judge
- You show your evidence (invoices, contracts, emails, receipts)
- Defendant presents their defence
- Judge asks questions and reviews documents
- Judge makes decision (usually on the day or within 7 days)
💡 Tip: Small claims hearings are informal. Speak clearly, stick to facts, bring all evidence organized. Judges in small claims court are understanding and helpful.
Judgment & Payment
Timeline: 14-30 days for payment | Enforcement: If needed
The final stage of the small claims process is receiving judgment and payment. If you win, the court orders the defendant to pay within a set timeframe.
What Happens After Judgment:
- Court issues judgment in your favour
- Defendant ordered to pay within 14-30 days
- You recover court fees plus your claim amount
- If they still don't pay: Enforcement options available
If Defendant Doesn't Pay After Judgment:
You can enforce the judgment through:
- • Bailiff enforcement (warrant of control)
- • Attachment of earnings order (wage deduction)
- • Third party debt order (bank account freeze)
- • Charging order (against property)
Small Claims Process Timeline
How long does each stage of the small claims court procedure take?
Letter Before Action settles (many cases resolve here)
Most complete small claims process ends here
File claim with court
Online filing through MCOL or by post
Defendant responds
Admit, defend, or no response
Court hearing (if defended)
Small claims court procedure includes hearing
Payment after judgment
Enforcement available if needed
Total small claims process timeline: Days to months depending on defendant response. Many claims using GotAClaim are resolved at Stage 1 — before court filing is needed.
Ready to Start the Small Claims Process?
We'll guide you through every stage of the small claims court procedure. Begin with a Letter Before Action and let our automated system handle the rest.
95% settle at Stage 1 • Only £20 if you get paid • No upfront costs