Short answer
The small claims track is the simplest part of the county court, designed for claims up to £10,000 (£1,000 for personal injury). There is no court fee above £10,000, and even if you lose you will not normally pay the other side's legal costs. You can represent yourself. Claims are issued online through the HMCTS civil money claims portal.
You should normally send a formal letter before action before issuing a claim, giving the other party at least 14 days to respond. Courts expect parties to try to resolve disputes before litigation.
1 The rule
The small claims track procedure is governed by the Civil Procedure Rules. The relevant part is:
"The court will allocate to the small claims track any claim for a sum of money or damages which has a financial value of not more than £10,000."Read the official text
Part 27 sets out the simplified procedure for small claims hearings — informal, inquisitorial, and without the full costs-shifting rules that apply in higher-value tracks. The court actively manages small claims, often deciding them on the papers without a hearing where the parties consent.
2 What you can do now
- Send a letter before action
Before issuing a court claim, send a formal letter before action to the defendant. This must set out: (1) what you are claiming and why; (2) the amount you are claiming; (3) a deadline of at least 14 days for the defendant to respond or pay; and (4) a warning that you will issue court proceedings if they do not respond. The Pre-Action Protocol for Debt Claims and the general Practice Direction on Pre-Action Conduct require this step. Courts can penalise parties (including in costs) who proceed without attempting pre-action resolution. See the <a href="/guides/debt/letter-before-action" class="body-link">letter before action guide</a>.
- Issue the claim online
Go to the <a href="https://www.gov.uk/make-court-claim-for-money" target="_blank" rel="noopener noreferrer">HMCTS online money claims portal</a> (Money Claim Online or the new Online Civil Money Claims service). Create an account, enter the defendant's details, describe the basis of your claim briefly, and state the amount. Pay the court fee — fees range from £35 for claims under £300 up to £455 for claims between £5,000 and £10,000. If you are on a low income you can apply for fee remission (Form EX160A). Once issued, the court sends the claim form to the defendant.
- Wait for the defendant's response
The defendant has 14 days from service to acknowledge the claim and 28 days to file a defence. If they do not respond within 14 days, you can apply for a default judgment — an automatic judgment in your favour without a hearing. If they file a defence, the court will allocate the claim to a track and issue directions. For claims up to £10,000, it will normally be allocated to the small claims track.
- Prepare for the hearing
Once the claim is allocated to the small claims track, the court will usually list it for a hearing, typically one to three months away. Gather your evidence: contracts, receipts, photographs, correspondence, and any expert evidence within the £750 limit. Organise your documents into a bundle. Write a brief statement of what happened and what you are claiming. You do not need a lawyer. The hearing is informal — the judge will ask questions and hear both sides. See the <a href="/guides/consumer/making-court-claim-preparation" class="body-link">small claims preparation guide</a> for what to expect at the hearing.
- After the hearing: enforce the judgment if necessary
If you win, the court will make a judgment for the amount claimed. If the defendant does not pay voluntarily, you must enforce the judgment using one of the available enforcement methods: warrant of control (sending bailiffs); attachment of earnings (deducting from wages); charging order (securing the debt against property). There is usually an additional fee for each enforcement method. See the <a href="/guides/debt/enforcement-options" class="body-link">enforcement options guide</a>. If you lose, consider whether there are grounds to appeal — an appeal lies to a circuit judge on a point of law or on the basis that the decision was wrong.
3 When this does not apply
- Personal injury claims: the small claims track limit for personal injury claims is £1,000 (not £10,000). Claims above that threshold are allocated to the fast track or multi-track.
- Housing disrepair claims: a housing disrepair claim for general damages (not just the cost of repairs) may exceed the small claims limit — check the total value before issuing.
- Business claims: the small claims track is available to businesses as well as individuals for claims up to £10,000. The same rules apply.
- Claims in Scotland or Northern Ireland: the small claims procedure is different in Scotland (Simple Procedure in the Sheriff Court, up to £5,000) and Northern Ireland (small claims, up to £3,000). This guide covers England and Wales only.
4 Common questions
How much does it cost to make a small claims court claim?
Court fees for small claims in England and Wales range from £35 for a claim of less than £300 to £455 for a claim between £5,000 and £10,000. If you win, you can normally recover the court fee from the defendant. If you are on a low income, apply for fee remission using Form EX160A before paying. See the <a href="https://www.gov.uk/make-court-claim-for-money/court-fees" target="_blank" rel="noopener noreferrer">GOV.UK court fees page</a> for the current fee table.
How long does a small claims court case take?
From issuing the claim to the hearing, a small claims case typically takes three to six months in England and Wales, depending on the court's list and whether the defendant defends. If the defendant does not respond within 14 days, you can apply for default judgment much sooner. After the hearing, payment or enforcement adds further time.
What happens if I lose in the small claims court?
In small claims, the costs-shifting rule does not apply — if you lose, you will not normally be ordered to pay the other side's legal costs, only the fixed costs (which are small). You may be ordered to pay the defendant's court fee if they had to file a defence. If you disagree with the judgment, you can apply for permission to appeal to a circuit judge on a point of law — the application must be made at the hearing or within 21 days.
Do I need a lawyer for a small claims court case?
No — the small claims track is specifically designed to be used without lawyers. Even if the other side has a solicitor, you will not normally have to pay their legal costs if you lose. Many claimants represent themselves successfully in small claims hearings. The court will give you standard directions and the judge runs the hearing informally. Consider instructing a solicitor only if the claim is near the £10,000 limit or the legal issues are complex.
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