How do I make a small claim in the county court?

The small claims track exists so that ordinary disputes can be resolved without lawyers, and the court is used to litigants in person. The two things that decide most cases are whether you can evidence what you say and whether you followed the pre-action steps. The thing that decides whether you actually get paid is whether the other side has any money, which is worth thinking about before you start.

Step by step

1. Exhaust the other routes first.Complaint procedure, an ombudsman if one covers the sector, chargeback or Section 75 for card payments, or the trader's own escalation. Free ombudsman schemes are quicker, cheaper and often more effective than court, and the court expects you to have tried alternatives.
2. Check the limitation period.Most contract and negligence claims must be brought within six years of the cause of action, five in Scotland. Personal injury is much shorter. Once it has expired the claim cannot be pursued at all.
3. Send a letter before claim.Set out what happened, what you want, and a reasonable deadline — commonly fourteen days. Say you will issue proceedings otherwise. The Practice Direction on Pre-Action Conduct expects this, and a court can penalise a claimant who skipped it even if they win.
4. Assemble the evidence in date order.Contract or terms, invoices, receipts, photographs, emails and messages, and any expert or independent report. A chronological bundle with a short index is what a district judge wants and what wins hearings.
5. Think about whether the defendant can pay.A judgment against a dissolved company or someone with no assets is worth nothing. Check Companies House for the trading entity and its status, and make sure you are suing the correct legal person — the limited company, not the director, unless there is a personal guarantee.
6. Issue the claim.Money Claim Online handles most money claims up to the limit. There is an issue fee scaled to the claim value, a hearing fee later, and fee remission for people on low incomes or certain benefits. Fees are recoverable from the defendant if you win.
7. Expect mediation to be offered.The small claims mediation service is free and now a routine step for defended claims. It is a telephone process and it settles a large proportion of cases without a hearing.
8. Prepare for a hearing that is deliberately informal.Small claims hearings are short, held in a room rather than a courtroom, and the judge asks questions directly. Take three copies of everything. Legal costs are not normally recoverable on the small claims track, which is why lawyers are rarely used.
9. Plan enforcement before you need it.A judgment is not payment. Enforcement options include a warrant of control through county court bailiffs, an attachment of earnings, a third party debt order against a bank account, and a charging order against property. Each has its own fee, added to the debt, and each has a different chance of working.
10. Register and remove the judgment correctly.An unpaid judgment is recorded on the Register of Judgments and affects the defendant's credit. If they pay within a month it can be removed entirely; paid later, it is marked satisfied. This is worth knowing from both sides.

Common mistakes

• Suing the wrong legal entity — The trading name is often not the legal person. Check Companies House and name the limited company exactly, or the claim can fail on that alone.
• Skipping the letter before claim — The court expects pre-action conduct and can penalise a claimant who ignored it, even a successful one.
• Not thinking about enforcement — Judgments against people with nothing to take are common and cost more to pursue. Assess this before paying the issue fee.

Questions people ask