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Please see below FAQ's on Small Claims.

 

What is a small claim?
A small claim in the UK refers to a legal claim for a relatively low amount of money that can be resolved in a simpler, quicker, and cheaper process than a full court case. These types of claims are designed to be easy for people to handle without the need for a lawyer, though you can still choose to have one if you wish.

How do I determine if my claim is suitable in the small claims court?
Small claims are typically for disputes involving claims of £10,000 or less (in England and Wales). In Scotland, the limit is £5,000.
 

Claims can be for unpaid debts, faulty goods, or unsatisfactory services, among other things.

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Is there anything to consider before making a small claim?

Before starting the formal process, you should try to resolve the matter directly with the person or business you're in dispute with. This could involve sending a Letter Before Action (a formal letter stating you intend to take legal action unless the issue is resolved).

If this doesn’t work, you can proceed with the claim.

I do not have an forwarding/address for the defendant, can I still make a claim?

If the defendant is an individual, the claim must be served to their current or most recent residential address. If the defendant is an individual operating under a trading name, the claim can be served either to their usual or most recent residential address or to their business address. If the defendant is an organization, the claim may be served to their registered office or to the address where you have been in contact with them.

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How do I start my claim?
Online: The easiest way is to use the Money Claim Online service, which allows you to issue a claim online. Alternatively, you can use paper forms (N1) if preferred.

Court Fees: There are fees to file a claim, based on the value of the claim (e.g., £25 to £455 for claims up to £10,000). You may be able to apply for a fee remission if you are on a low income.

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What happens once I start my claim?

After you submit your claim, the defendant will be sent a Claim Form with a notice of the claim.

The defendant has 14 days to respond (they can either admit the claim, dispute it, or ask for more time).

 

What happens if the defendant responds to the claim?​
If the defendant admits the claim, the court will usually order them to pay.

If the defendant disputes the claim, they must file a defense. If they don’t respond, you can request a default judgment.

If the dispute is over a significant amount of money, the court may order a hearing.

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Will there be a court hearing?

If the case requires further clarification, the court may schedule a preliminary hearing to understand the issues involved and decide on how to proceed.

In many small claims cases, the matter will be resolved via a hearing, which usually takes place at your local county court.

You and the defendant will have a chance to present evidence and speak to the judge. The process is informal, and you don’t need a lawyer.

After hearing both sides, the judge will make a decision.

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What happens after Judgement is given by the court?

If the court rules in your favor, the defendant will be ordered to pay. If they don’t pay voluntarily, you can take enforcement action, such as asking for the money to be deducted from their wages or having their assets seized.

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What happens if the defendant fails to pay after the Judgment is granted?

If the defendant does not pay the judgment, you can take further action, such as applying for a warrant of execution (to seize goods) or an order to attend court to explain why they haven’t paid.

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How do I enforce a Judgement?

Before taking enforcement action, give the defendant a reasonable amount of time to pay the judgment. This is usually around 14 days. If they don’t pay within this period, you can proceed with enforcement.

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You can use various methods to enforce a small claims judgment:

County Court Bailiff (warrant of control) (or High Court Enforcement)

A County Court Bailiff can visit the defendant’s home or business to seize goods that can be sold to pay the debt. Alternatively, you can apply to have the case transferred to the High Court for enforcement by a High Court Enforcement Officer, which can sometimes be more effective.

• How to apply: You can request a bailiff by filling out a form (Form N323 for County Court Bailiffs) and paying a fee. You can do this online through the government website.

• Bailiff actions: The bailiff can either seize goods or arrange for a payment schedule.

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Charging order

If the defendant owns property, you can apply for a charging order. This places a charge on the defendant's property (usually a house or land). The debt must be paid when the property is sold, or you can request a court hearing to enforce the payment of the debt in installments.

• How to apply: You need to complete an application form (N379), and there may be an additional court hearing if the defendant disputes the order

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Attachment of earnings

If the defendant is employed, you can apply for an attachment of earnings order. This means that part of the defendant’s wages will be automatically deducted to pay your debt.

• How to apply: Fill out the relevant form (Form N337) and submit it to the court.

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Third-party debt order

If the defendant has money in a bank account or is owed money by someone else, you can apply for a third-party debt order. This order freezes the defendant’s bank account or requires a third party to pay you directly.

• How to apply: Submit an application form (Form N349) to the court, detailing the third party involved.​​
   

Are there any additional fees to enforce a Judgement?.

Each enforcement action has a fee attached, which you must pay upfront. Some of these fees can be added to the amount owed if the enforcement is successful, but you may need to pay first and seek reimbursement from the defendant.

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Is there a time limit in which I can make a claim?

You generally have 6 years to enforce a judgment (from the date it was issued). After this period, the judgment is considered “expired,” and you cannot enforce it.

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