Can you actually sue someone in small claims court?
The small claims court is part of the county court in England and Wales. It handles disputes worth up to £10,000. You do not need a solicitor — the process is designed for ordinary people to use on their own.
You can use small claims court to recover:
- Money owed to you (unpaid invoices, loans, deposits)
- Compensation for poor workmanship (builders, tradespeople)
- Refunds for faulty goods or services
- Breach of contract damages
- Unreturned tenancy deposits
Small claims court is NOT for: personal injury claims over £1,000, employment disputes (use an employment tribunal), or housing disrepair over £1,000. Scotland and Northern Ireland have separate systems.
How much does it cost to take someone to small claims court?
Court fees depend on how much you're claiming. You pay the fee upfront, but if you win the court orders the other side to repay it.
| Claim amount | Court fee |
|---|---|
| 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 |
On a low income? You may qualify for Help with Fees (form EX160), which can reduce or waive your court fee entirely.
Step 1 — Gather your evidence
Before doing anything else, collect everything that supports your case. The stronger your evidence, the more likely the other side will settle without going to a hearing.
Evidence to gather:
- Contracts or written agreements — even informal text messages or emails count
- Invoices, receipts, bank statements — showing what you paid and when
- Photos or videos — especially for poor workmanship or faulty goods
- Correspondence — emails, letters, WhatsApp messages where you chased payment or raised the issue
- Expert reports or quotes — e.g. a second builder quoting to fix the first builder's mistakes
Tip: Organise your evidence in date order. Courts love a clear timeline of “this happened, then this, then this.”
Step 2 — Send a letter before action
You must send a formal “letter before action” (also called a “letter before claim”) before filing with the court. This is required by the Pre-Action Protocol. The court can penalise you if you skip this step.
Your letter should include:
- Your name, address, and their name and address
- A clear summary of the dispute and the amount owed
- A deadline for payment — usually 14 days (or 30 days for debts)
- A warning that you will start court proceedings if they do not pay
Send it by post (recorded delivery is best) and keep a copy. If they ignore it or refuse to pay, you can file your claim.
Step 3 — File your claim (the N1 form)
If the deadline passes without payment, it's time to file your claim. In England and Wales, this means completing Form N1 — the standard county court claim form.
You have three ways to file:
- Money Claim Online (MCOL) — the government's online system. Free to use but limited: claims up to £100,000, UK defendants only, and the interface is clunky. You still write your own particulars of claim.
- Paper N1 form — download from HMCTS, fill in by hand or on a computer, and post or deliver to your local county court with the fee.
- JustClaim (recommended) — tell us about your dispute in a simple chat, and we generate a complete N1 form with professional particulars of claim written for you. Court fees included. Filed directly with the court.
What goes in the N1 form?
- Your details (claimant) and their details (defendant)
- A brief description of the claim
- The “particulars of claim” — the full legal argument
- The amount you're claiming, plus interest and court fees
- A signed statement of truth
See our detailed N1 form guide for a section-by-section walkthrough.
File Your Case in Minutes
Stop struggling with legal forms. Just describe your dispute and JustClaim produces a court-ready N1 with professional particulars of claim — in minutes, not hours.
Start My Claim — £79Step 4 — What happens after you file
Once you file and pay the court fee, the court sends your claim to the defendant. They then have 14 days to respond. There are three possible outcomes:
1. They ignore it (no response)
If the defendant does nothing within 14 days, you can apply for a default judgment — the court awards you the money without a hearing. This is the most common outcome and the fastest way to get paid.
2. They admit the claim
They accept they owe you the money. They might offer to pay in full or ask to pay in instalments. If you accept their offer, no hearing is needed.
3. They defend the claim
If they dispute all or part of your claim, both sides fill in a directions questionnaire, and the court allocates the case to a track (usually small claims). This leads to a hearing — but the court will first offer free mediation to try to settle it.
Good news: The majority of small claims are resolved without a hearing. Most defendants either ignore the claim (default judgment) or settle once they see you're serious.
Step 5 — The hearing (if they defend)
Small claims hearings are informal. They usually take place in a private room (not a big courtroom), and the judge will ask both sides to explain their case in plain English. There are no wigs or robes.
What to bring to a hearing:
- All your evidence, organised in date order
- A witness statement summarising your case
- Any documents the court asked you to prepare (check the directions order)
- A copy of everything for the judge and for the other side
Important: In the small claims track, the losing side does not usually have to pay the winner's legal costs. So even if you lose, you won't be hit with a big legal bill. The most you can lose is your court fee.
Step 6 — Enforcing a judgment
Winning a judgment is not the same as getting paid. If the defendant still refuses to pay, you have several enforcement options:
- Warrant of control — county court bailiffs visit the defendant to collect payment or seize goods
- Attachment of earnings — money deducted directly from their wages
- Third-party debt order — freeze and take money from their bank account
- Charging order — secure the debt against their property
The defendant will also get a County Court Judgment (CCJ) on their credit record for 6 years, which makes it very hard for them to get credit, a mortgage, or even a phone contract.
Common questions
How long does it take?
If the defendant doesn't respond, you can get a default judgment in about 4-6 weeks. If they defend and it goes to a hearing, expect 3-6 months from filing to hearing date.
Can I sue someone without a contract?
Yes. A verbal agreement is still a contract in English law. You just need evidence that an agreement existed — text messages, emails, witness testimony, or bank transfers showing payment.
Can I claim interest on money owed?
Yes. You can claim interest at 8% per year under Section 69 of the County Courts Act. For business-to-business debts, you can claim a higher rate under the Late Payment of Commercial Debts Act.
What if I'm owed more than £10,000?
You can still use the county court — the claim just won't be on the small claims track. It will be allocated to the fast track (£10,000-£25,000) or multi-track (over £25,000), where costs rules are different and you may want legal advice.
Can I sue a company or just a person?
Both. You can sue individuals, sole traders, partnerships, or limited companies. For a limited company, use the registered company name and address (check Companies House).
Do I need to go to my local court?
Not necessarily. If you file online (via MCOL or JustClaim), the claim is processed centrally. If a hearing is needed, it usually takes place at the court nearest to the defendant.