Consumer resource
How to begin proceedings in the small claims court
Published 4 May 2026 · Reviewed for England and Wales, May 2026
You have sent a complaint letter. You have given the other side a fair chance to respond. They have either ignored you, refused your claim, or offered something that falls well short of what you are owed. Now you are thinking about taking it further. This guide walks through what actually happens when you start a small claims claim — step by step, in plain language.
About this guidance
This page is about England and Wales only. It is general information only, not legal advice. We are not a law firm.
Reviewed by Resolutor Legal Support for England and Wales in May 2026.
Before you issue anything
Starting a claim is not the first step. It is what you do after everything else has failed.
Before issuing, you should have sent a letter before action setting out your claim, what you want, and a deadline to respond. Most pre-action protocols expect at least 14 days notice before proceedings are issued, though some disputes call for longer.
If you have not done this yet, do it first. Courts take a dim view of claimants who issue without warning, and it can affect how costs are dealt with later even if you win.
You should also be clear on a few basics before you proceed. Who exactly are you claiming against? Is it a company or an individual? If it is a company, is it still trading and does it have the means to pay a judgment? Winning a claim against a dissolved company or someone with no assets is largely pointless.
For tips on complaint correspondence first, see our guide on writing a formal complaint letter.
Check your claim fits the small claims track
The small claims track handles most consumer disputes where the amount claimed is £10,000 or under. Personal injury and housing disrepair claims have a lower limit of £1,000.
If your claim is above £10,000 it will likely be moved to a different track where the rules — and the costs — are considerably more serious.
For a wider overview of the small claims process, you may also find our newsroom article on the small claims court helpful alongside this guide.
How to issue a claim
There are two ways to start a claim. Online through the HMCTS Money Claim Online service, or by filing a paper form N1 at a County Court hearing centre.
Money Claim Online is the simpler route for most people. You set up an account, enter the details of your claim, pay the court fee, and the claim is issued. The court then serves the claim form on the defendant — the person or business you are claiming against.
If your claim is more complex, involves multiple defendants, or cannot easily be summarised in the online format, a paper claim may be more appropriate.
What you need to include
When you fill in the claim form you will need to provide your name and address, the defendant’s full name and address, the amount you are claiming, and a brief statement of the facts your claim is based on.
The particulars of claim — the section where you set out what happened and why you are entitled to the money — do not need to be lengthy but they do need to be clear. Set out the key facts in chronological order, identify the legal basis for your claim in broad terms, and state the amount you are claiming and how you have calculated it.
If you are claiming interest you should say so and explain the basis — the standard approach for most consumer claims is to claim interest under the County Courts Act 1984 at 8% per year from the date the money became owed.
Court fees
You pay a fee when you issue the claim. The amount depends on the value of the claim. Figures below are published for guidance; always confirm the current fee on GOV.UK court fees before you pay.
| Claim value | Issue fee |
|---|---|
| Up to £300 | £35 |
| £300 to £500 | £50 |
| £500 to £1,000 | £70 |
| £1,000 to £1,500 | £80 |
| £1,500 to £3,000 | £115 |
| £3,000 to £5,000 | £205 |
| £5,000 to £10,000 | 5% of the claim value |
If you win, the court will normally order the defendant to reimburse your fee. If you lose, you do not get it back.
If you are on a low income you may be eligible for fee remission — a reduction or waiver of the court fee. Check help with court fees on GOV.UK before you pay.
What happens after you issue
Once the claim is issued the defendant has 14 days to respond. They can admit the claim, admit part of it, defend it, or do nothing.
If they do nothing and do not respond within the deadline, you can ask the court for a default judgment. This is a judgment in your favour without a hearing. It can then be enforced in the usual ways.
If they admit the claim in full and offer to pay, you can accept and the matter is resolved. If they admit part of it you will need to decide whether to accept the partial admission or proceed to a hearing on the disputed amount.
If they defend the claim, the court will send both sides a directions questionnaire to fill in. This is a form asking about the nature of the dispute, whether you have tried to settle, and what the claim involves. Based on the responses the court will allocate the claim to a track — almost certainly the small claims track for most consumer disputes — and give directions for how the case will proceed to a hearing.
Directions and the hearing
Once allocated to the small claims track the court will set a hearing date and give directions. These are instructions to both sides about what to do before the hearing — typically exchanging documents and witness statements by set deadlines.
Follow the directions. Missing deadlines can result in your evidence being excluded or the court taking a negative view of your conduct.
The hearing itself is usually held in a small room rather than a formal courtroom. A district judge will hear from both sides, ask questions, and reach a decision — usually on the day. You do not need a solicitor. Most people represent themselves.
Bring everything — printed copies of all your evidence, organised in the order you plan to refer to it. Bring extra copies for the judge and the other side.
If you win
A judgment in your favour does not automatically mean you get paid. If the defendant does not pay voluntarily within the time the court sets, you will need to take enforcement steps separately.
Options include sending a High Court enforcement officer or County Court bailiff, asking the court to make an attachment of earnings order if the defendant is employed, or applying for a third party debt order to freeze money in a bank account.
Each enforcement step involves an additional application and usually a further fee. This is the part of the small claims process that catches people out most often. The judgment is the beginning of getting paid, not the end.
The short version
Starting a small claims claim is straightforward once you know the steps. Send your letter before action first. Issue online or by paper form. Set out your claim clearly and pay the fee. Respond to everything the court sends you and follow any directions. Turn up to the hearing prepared. And if you win, be ready to take enforcement steps if the other side does not pay without prompting.
Nothing in this guide is legal advice for your specific situation.