Small Claims Court Step-by-Step

Overview

The Small Claims Court is part of the County Court and handles claims up to £10,000 in England and Wales. It's designed to be accessible without a solicitor.

Before You Start

Is Court Right for You?

• Have you exhausted the complaints process?
• Is your claim within the limitation period?
• Can you prove your case on the balance of probabilities?
• Does the defendant have the means to pay?

Costs

• Claim up to £300: £35 court fee
• £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

Step-by-Step Process

1. Send a Letter Before Action

Before court, you must send a formal LBA giving the defendant 14 days to respond. This is required by the Pre-Action Protocol.

2. Issue Your Claim

File online at Money Claims Online (MCOL) or submit form N1 to your local court.

3. Defendant Responds

They have 14 days to respond (can extend to 28). They may:

• Admit the claim (you win)
• File a defence
• Make a counter-claim
• Ignore it (you can get default judgment)

4. Directions

The court sends a Directions Questionnaire. Both sides provide information about the case.

5. Hearing

• Usually informal, in a private room
• Judge asks questions, reviews evidence
• No wigs or gowns
• Takes 1-3 hours typically

6. Judgment

The judge makes a decision, usually on the day.

Preparing Your Bundle

Your court bundle should include:

• Index
• Claim form and particulars
• Defence
• Chronology of events
• Witness statements
• Key documents (contracts, letters, evidence)

All paginated and in chronological order.